When being detained for a crime of criminal sexual conduct, CSC, or an allegation of child abuse in Michigan, the accused must be read their Miranda warnings prior to a police interrogation. A defendant in custody may not be subjected to police interrogation unless, prior to such interrogation, he has been provided with Miranda warnings, and validly waived the rights therein. Miranda v Arizona, 384 US 436 (1966). In Michigan, to validly waive the rights contained in the Miranda warnings, a defendant's waiver must be knowing, intelligent and voluntary.
At times, a defendant being held may not understand the rights contained in the Miranda warnings, and may waive them out of fear or coercion, and then make a false confession to police. If a confession is made during the interrogation, it must be a voluntary confession and waiver of Miranda warnings must have been made knowingly and intelligently. Further, the relinquishment of the Miranda warnings must have been voluntary in the sense that it "was the product of a free and deliberate choice rather than intimidation, coercion, or deception," and the waiver "must have been made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon it." Moran v Burbine, 475 US 412, 421(1986).
A defendant’s statement or confession must be made voluntarily to be admissible in court. Admission of a statement given involuntarily constitutes a violation of the defendant’s due process rights and such statements are inadmissible for any purpose against him. Mincey v Arizona, 437 US 385 (1978); People v Reed, 393 Mich 342 (1975). An involuntary statement cannot be used for any purpose.
If you have been accused of and detained for any crime, but particularly criminal sexual conduct, child abuse or CSC and feel you did not fully understand the rights provided to you in the Miranda warnings, call our office immediately. Our office has extensive experience with these types of cases to aggressively fight the allegations and get you the best result possible.