Q: If you ask what does a phrase mean in the Miranda rights and it goes unanswered, is your waiver knowing and intelligent?
If a suspect who is in custody, and who's comments are being used against them, asked, "What is, 'without charge'?" after being read the line, 'If you cannot afford an attorney, one will be provided for you without charge', and the detective did not provide an answer, nor ask if the suspect understood after they asked the question, doesn't that imply both that the suspect was not fully aware of their rights to knowingly and intelligently waive their right to have an attorney appointed for free, and also did not understand the Miranda rights in their simplified form?
A: Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to understand English, etc. If the judge finds that the defendant did not understand, the motion should be granted. If the judge finds that the defendant's questioning/communications about not understanding is just a smart-alecky ruse, the motion will be denied, plus the defendant will have a credibility problem.
Terrence H Thorgaard agrees with this answer
A:
Understanding your Miranda rights is crucial in ensuring that any waiver of these rights is knowing and intelligent. If a suspect asks for clarification on a part of the Miranda warning, like the meaning of "without charge," and doesn't receive an answer, it raises important questions about whether the suspect fully understood their rights.
The law requires that a waiver of Miranda rights must be made knowingly and intelligently. If a suspect demonstrates confusion or lack of understanding, as in your scenario, it can be argued that the waiver was not made with full comprehension of these rights.
It's important to bring this issue to the attention of a legal professional. An attorney can assess the situation and determine if the suspect's rights were compromised, and if so, what legal remedies are available. This could potentially include challenging the admissibility of any statements made without a full understanding of Miranda rights.
In such cases, the specifics are critical, and legal guidance is essential to navigate the complexities and protect the rights of the suspect.
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