My Miranda Rights Weren’t Read During My Arrest – What Should I Do?

Everyone has rights that are protected as part of the constitution and bill of rights. Part of the rights include being told what your Miranda rights are before you are being arrested. These rights are generally supposed to be read to you before you are arrested, however, there are times when they may not be given properly. Even though the police fail to provide you with this information it may not mean that your case will be dropped. Failing to give you the rights only comes into play under certain circumstances so in most cases the result won’t matter. What exactly is the Miranda warning?

Miranda Warning

The Miranda warning is a list of your constitutional rights that is actually read to people as part of the arrest process. The U.S. Constitution amendments provide everyone with the right to remain silent and the right to have a lawyer present during questioning. Once you have been placed into custody, the police officer should read these rights.

• Right to remain silent
• Anything you say can be used against you in court
• Right to consult with an attorney and have attorney present during questioning
• If you cannot afford an attorney one may be appointed to you
• If you speak to police you have the right to stop talking a any time

Reading these rights to suspects stems from a case with a man named Miranda. The man was arrested on kidnapping and rape charges and eventually confessed to the crimes and was convicted. On appeal, the court found that the confession could not be used because Miranda was never informed of his right to remain silent. Since then, the law states that rights must be read to those who have been detained on suspicion of a crime.

My Rights Weren’t Read

The police are allowed to detain someone briefly without having to read Miranda rights. Once the police put you into custody, however, they are obligated to read your rights. There are only a couple of very specific cases (such as terrorism) where this is not necessary. Many people think that simply because the police failed to read them their rights, the case is going to be thrown out. This is not the case. Typically, the only thing that would happen if the rights were not read is that anything that you did or said could not be used in your case. Many times the defendant has said nothing that could be used, therefore, there is no evidence to remove. If the police are not going to question you they may not read your rights since they have no bearing on the situation. When the police have questioned you without reading your rights and, for example, you made a statement, that statement would not be able to be used in the case against you. It’s best to speak to an experienced defense attorney to determine whether your rights were violated in your situation.

I Made A Statement Before Miranda Warnings – What Happens?

Often, especially in traffic stops, you may make a statement before the officer reads you the Miranda warning. For example, you are stopped for speeding while driving your vehicle. The police officer pulls you over, approaches your car, and asks for your driver’s license and registration. While the officer is reviewing your license you make a voluntary statement, telling the officer that you were speeding because you were late for an appointment and that you had a single beer at lunch. Since the officer did not ask any questions, he was not under obligation yet to provide Miranda warnings. Therefore, it is likely that your statement can be used against you should your case go to court. It’s always best to make no statements whatsoever unless asked to do so and unless your attorney is present.