Criminal Defense

Do Police Have To Read You Your Miranda Rights?

Chandler | Conway

Chandler | Conway

Thursday March 31, 2011

The short answer is NO.  Police officers do not have to read you your rights.  Not having your rights read to you is not a get out of jail free card.  Now, there may be consequences as a result of law enforcement not properly informing you of your rights under the Miranda decision.  For instance, depending on the circumstances, evidence gained by law enforcement after your detention or arrest, but before you have been mirandized, may be “suppressed” or kept out of trial by the judge.  Let’s use someone who is arrested as a suspect in a robbery case as an example.  If law enforcement interrogates that person without ever properly mirandizing them (i.e. informing them of their right to counsel, to remain silent, etc.), there is a good chance a good criminal defense attorney will be able to suppress or keep any of the statements their client made from being used against them at trial.  Now, if there is no harm then no foul.  In other words, if the same person is arrested as a suspect, interrogated and refuses to make any statements; then there are no statements which will need to be suppressed by that person’s attorney.  Again, to reiterate, no Miranda does NOT equal no jail.  Many seasoned police officers will not advise a suspect of their rights on purpose to see if the suspect makes any “voluntary” statements.  Statements made voluntarily, without inducement fom law enforcement, are generally admissible as evidence in a criminal trial.  Just remember, if ever questioned by law enforcement it is best to not make any statements other than your statement requesting a lawyer.

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