What are the implications of a Miranda violation?

A defense attorney must inform the court and prosecutor of the Miranda violation in order to have a hearing on the matter. A superior court judge will then review the facts of the case to determine whether the peace officers involved violated any of the Miranda rules. The prosecution may not use incriminating statements stemming from custodial interrogations of the defendant, unless it demonstrates the use of procedural safeguards.

The interrogating officer may be called to testify whether or not prior to any questions, he informed the defendant that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney (either retained or appointed). If it is determined that these rules have not been adhered to, the statements will be suppressed and inadmissible for trial.

A person may of course waive invocation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. The important thing is to know your Miranda rights!