Miranda warnings apply even if they don’t specify when someone has a right to an attorney, NM Supreme Court rules

In a ruling Monday, the New Mexico Supreme Court rejected appeals by two defendants who said county sheriff’s offices violated their Miranda rights. Specifically, notifying them of their right to a lawyer. Judges ruled that the way detectives worded the warnings was enough.

Anyone who has watched cop shows like Law and order he has an idea of ​​what Miranda warnings sound like.

“You have the right to remain silent. Anything you say can be used against you in a court of law,” one episode said. “You have the right to a lawyer. If you can’t afford a lawyer, you’ll be given one for free.”

The state Supreme Court decision stems from appeals by two defendants who admitted to sexually abusing children during hearings without lawyers present. Both had confirmed at the time they understood their rights.

Conformable court documentsa San Juan County Sheriff’s Office detective warned Howard Atencio that he had the “Right to an Attorney.” Atencio claimed he did not make it clear that he could have had legal counsel both before and while he was being questioned.

In a separate and later consolidated case, a detective with the Bernalillo County Sheriff’s Office warned Zaenan Chiaramonte that he had the “Right to have an attorney present while you are being questioned.” He argued that the wording suggested: “The law did not apply before the questioning.”

In a unanimous decisionThe state’s high court ruled that while the Miranda right “includes the right to consult with an attorney before and during the hearing,” the warning need not say so explicitly.

The court wrote that these details are “adequately conveyed simply by informing a suspect of the right to counsel.”

Atencio also filed a cross-appeal to determine whether there was sufficient evidence to support his convictions. The court ruled that there is. Meanwhile, according to the Administrative Office of the Courts, Chiaramonte’s criminal case is still pending.