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Can someone be too high to understand Miranda?

The Massachusetts Supreme Court has ruled that the four warnings that constituMirandanda are not to be changed, but that the exact words in which the essential information should be conveyed has not been dictated. As long as the miranda rights are reasonably dictated to the person being charged with a crime, the Supreme Court recognizes the warning as valid. If the officer fails to make the Miranda warnings clear to the individual or if the officer fails to give the defendant in custody all of the required Miranda warning than the warning is technically incomplete.

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What would happen if you were too high to understand what was being read to you during Miranda? This is a question that was answered by the Massachusetts Supreme Judicial Court:

If and when Miranda warnings are required, the warning must be validly given to the defendant in custody, the defendant must make a voluntary and knowing waiver of said miranda rights, and the waiver must be done voluntarily without being intimidated or coerced. When determining whether the waiver was made voluntarily, factors the court must consider are the defendant’s conduct, the education, emotional stability, and the defendant’s experience in the criminal justice system among many others.

If you are facing a criminal charge and believe that you did not knowingly and willingly waive your miranda rights due to drug or alcohol impairment, an important step you should take is to contact an experienced attorney at DelSignore Law. An attorney will be able to discuss the defenses available to your case and will be able to share their expertise on your case with you.

 

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