What If The Police Forget Your Miranda Rights
Before you say a word to the police, remember: You have the right to remain silent. Anything you say or do can be used against you in court. If you choose to make a statement, it can be held against you in a court of law. This is part of the Miranda Rights, and it’s something most can recognize.
Many people believe that if they are arrested and are not “read their rights,” they can escape punishment. That belief is incorrect. You could still face severe penalties if you are arrested without being read your rights. Of course, as with nearly all legal rules, there are exceptions.
What Are Miranda Rights?
When you have been arrested, the police must inform you of certain rights so that you can make an informed decision before being questioned. The US Supreme Court requires that the police give you a set of rights called the Miranda Warning before they ask you questions about the crime for which you were arrested.
Your rights are guaranteed to you by the Constitution and your state. We hope you never have to read or hear one of these statements, but here they are just in case.
- You have the right to remain silent.
- If you say anything, it can be used against you in a court of law.
- You have the right to have a lawyer present before and during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
When Is This Warning Employed?
Detained in the back of the squad car and confused, some people waive their rights to remain silent and consult a lawyer in exchange for the comfort of a conversation.
Even though the Miranda rights are part of American law, they’re not well known. That can lead to confusion if you’re in police custody. It doesn’t matter what state you are in. Police must read a person’s Miranda rights before interrogating them if they are in custody and cannot leave. Any questions they ask before the Miranda rights are read cannot be used as evidence at trial.
Police Miranda Rights Workaround To Be Wary Of
If a person is not in police custody, no Miranda warning is required, and anything that person says can be used at trial. This means that people are often confused about their rights once they realize they are being investigated.
If the people feel pressure from officers and don’t know their rights, it’s more likely that they’ll make incriminating statements. That’s why the police will often let them go without formally arresting them first, to avoid having to give them the Miranda warning.
As you’d expect, if you say something incriminating outside their custody, they can re-arrest you for such statements. This can be a significant headache, especially under the stress of an arrest. Not usually. You are not usually required to answer questions even if you are arrested. Contact our law firm for a consultation if you have said something incriminating.