If you watch television and movies, you’re probably used to hearing police officers inform suspects that “You have the right to remain silent” and so on. You might also have wondered whether they always have to say this, and what happens if they don’t. These Miranda warnings protect your rights during a custodial interrogation. If police don’t read Miranda rights, it could affect whether your statements could be used in court.
What Are Miranda Rights?
Miranda rights are the warnings police must give before questioning someone in custody. These rights come from the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona (1966). The Supreme Court held that before any custodial interrogation, police must inform you that:
- You have the right to remain silent.
- Anything you say can be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed to you.
These warnings protect your Fifth Amendment right against self-incrimination and your Sixth Amendment right to legal counsel.
Do Police Have to Read Miranda Rights If I’m Arrested?
Contrary to what many people think, police do not have to read you your Miranda rights the moment you are arrested.
When Does a Police Officer Have to Read Miranda Rights
The requirement to recite Miranda rights only applies when:
- You are in custody, and
- Police are conducting an interrogation.
“Custody” means you are not free to leave – in other words, a reasonable person would understand they are under arrest or in a similar situation. “Interrogation” includes direct questioning or actions by police that are likely to encourage an incriminating response.
For example, if police arrest you and begin asking questions about a crime, they must read your Miranda rights first. There’s no Miranda requirement if you’re arrested and they don’t ask you anything. Similarly, if you voluntarily speak to the police, the warnings may not apply.
What Happens If Police Don’t Read Miranda Rights?
If police fail to read you your rights, the legal consequences depend on what happens next. The most crucial issue is whether you made any statements that the prosecution wants to use against you. If you did, your criminal defense attorney could file a motion to suppress them. However, this does not mean your case gets dismissed automatically. It just means those specific statements can’t be used in court if the motion to suppress is granted.
In some cases, suppressed statements are so important that the case can’t move forward without them. In others, prosecutors may have enough evidence to continue. Either way, a Miranda violation can strengthen your defense.
How to Protect Your Rights After an Arrest
You can protect yourself by doing the following:
- Clearly saying, “I am exercising my right to remain silent.”
- Saying, “I want to speak to a lawyer.”
- Not answering any questions beyond providing basic biographical information.
- Avoiding conversations in the car, the booking room, or the holding cell. Assume the police can hear anything you say and will use it against you—even if you think no one else is around.
Even if police officers continue to question you, remain silent. Your silence cannot be used against you in court.
When to Contact a Criminal Defense Attorney
If you believe your rights were violated, contact a criminal defense attorney right away. A lawyer can evaluate your arrest and determine whether Miranda warnings were required. Your attorney can file a motion to suppress the unlawfully obtained statements if they were.
Legal representation is especially critical when police procedures cross the line. An experienced attorney can make the difference between a harsh sentence and a favorable outcome.
Discuss Your Case with The Zeiger Firm Today
If police didn’t read Miranda rights before interrogating you, seek legal assistance immediately.
The Zeiger Firm is aggressive and experienced in challenging unlawful police conduct. Contact us today to discuss your case during a free consultation.
