Miranda warning valid even if right to a lawyer is not mentioned, NM judges decide • Source New Mexico
In a ruling Monday, the New Mexico Supreme Court dismissed lawsuits brought by two defendants who claimed county sheriff’s offices violated their Miranda rights, specifically by notifying them of their right to an attorney. The justices ruled that the way investigators worded the warnings was sufficient.
Anyone who has seen crime series like this law and order has a feel for what Miranda warnings sound like.
“You have the right to remain silent. Anything you say can be used against you in court,” one episode said. “You have the right to a lawyer. If you cannot afford a lawyer, one will be provided to you free of charge.”
The ruling by the state Supreme Court follows an appeal by two defendants who admitted to sexually abusing children during questioning without lawyers present. Both confirmed at the time that they knew their rights.
Accordingly Court documentsA detective with the San Juan County Sheriff’s Office warned Howard Atencio that he had “the right to an attorney.” Atencio argued that this did not make it clear that he could have had legal representation both before and during the interview.
In a separate and later merged case, a detective with the Bernalillo County Sheriff’s Office warned Zaenan Chiaramonte that he “had the right to an attorney and that one must be present during the interview.” He argued that the language suggested that “the right before the interview does not apply.”
In a unanimous decisionThe state Supreme Court ruled that while Miranda rights “include the right to consult with an attorney before and during questioning,” the warning does not have to explicitly state this.
The court wrote that these details “are adequately conveyed by simply informing the suspect of his right to legal counsel.”
Atencio also filed an appeal to clarify whether there was sufficient evidence to convict him. The court ruled that there was. Meanwhile, the criminal case against Chiaramonte is still pending, according to the court administration.
This article first appeared on KUNM. It is republished here with permission.
