Cohen Law Offices

Get The Help You Need

Call Us Today!

Understanding Your Miranda Rights Is Critical in Homicide Defense

December 18, 2024
Miranda rights, which the U.S. Supreme Court established in the landmark case Miranda v. Arizona (1966), play a crucial role in police interrogations. Under federal law, police officers must inform anyone they take into custody of their Miranda rights before questioning. These rights, which include the right to remain silent and the right to have an attorney present, aim to prevent self-incrimination and ensure fair treatment. 

However, factors like language barriers, age, and coercion can affect how well people understand these rights. Two recent case studies demonstrate the importance of this understanding in criminal cases involving homicide charges and other serious allegations.

The Impact of Language Barriers on Understanding Miranda Rights

In one recent case underscoring the importance of accurate communication during legal proceedings, a Chippewa Falls man charged with attempted first-degree intentional homicide is challenging the admissibility of his police interview. 

Abraham Sanchez-Galicia, who primarily speaks Spanish, was interviewed by police officers following his alleged involvement in a violent altercation where he repeatedly stabbed his friend with a broken beer bottle. His defense team argues that Sanchez-Galicia was not properly informed of his Miranda rights following the incident.

The crux of the defense’s argument is that police delivered the Miranda warning through an impromptu translation by a bilingual police officer rather than a certified interpreter. According to the defense, this translation was insufficient to ensure that Sanchez-Galicia fully understood the rights he was waiving. 

Given the high stakes of the charges, the accuracy and clarity of the Miranda warning are vital. The defense contends that the poor translation rendered Sanchez-Galicia incapable of knowingly and intelligently waiving his rights, so his statements during the interview should be inadmissible.

The Role of Age and Coercion in Understanding Miranda Rights

Another case, this one out of Manitowoc, presents a compelling example of how age and possible coercion can influence a suspect’s understanding and exercise of their Miranda rights. Damian L. Hauschultz, who was just 14 when he was implicated in the tragic death of his seven-year-old cousin, is currently serving a 20-year sentence for reckless homicide. 

The incident, which involved Ethan being beaten, then forced to carry a heavy log, and subsequently buried in the snow as punishment, resulted in Ethan’s death from hypothermia and blunt force injuries. Hauschultz, who supervised the punishment at his father’s direction, later admitted to his involvement during police interrogations.

However, the legality of those admissions is now under scrutiny. Hauschultz’s defense team has filed an appeal, arguing that he did not make his statements to the police voluntarily. They contend that due to his young age, Hauschultz did not feel he had the freedom to end the interrogations or fully comprehend the Miranda warning he received. 

The appeal also raises concerns about the circumstances of the interrogation, suggesting that Hauschultz might have been subjected to undue pressure, which could have compromised the voluntary nature of his statements. 

Hauschultz’s legal team has petitioned the Wisconsin Supreme Court to review the case, raising questions about the broader implications of how Miranda rights are understood by minors.

Contact a Wisconsin Defense Lawyer Now

If you’re facing criminal charges in Wisconsin, you need a defense attorney who understands the importance of protecting and asserting your Miranda rights. Call Cohen Law Offices today at (715) 514-5051 or contact us online to arrange your initial consultation. We’ll explain your rights and defend you with the care and attention you deserve.

Police arresting the man
Share by: