When Are The Police Required To Read Your Rights?

Most people erroneously believe that when they are arrested, if the police does not read them their rights, they will be released. THIS IS NOT TRUE AT ALL. However, if the police do not read you your Miranda Rights, the prosecution will not be permitted anything obtained from the questioning by the police. This could severely undermine the prosecution case leading to a dismissal of the charges.

The Miranda Rights

The Supreme Court mandated the use of the Miranda Rights in the landmark case Miranda v. Arizona. The rights require police officers to read or recite the following text to a suspect upon his or her arrest:

1. You have the right to remain silent.

2. If you do say anything, what you say can be used against you in a court of law.
3. You have the right to consult with a lawyer and have that lawyer present during any questioning.
4. If you cannot afford a lawyer, one will be appointed for you if you so desire.
5. If you choose to talk to the police officer, you have the right to stop the interview at any time.

What really happens if the police fail to read a suspect his rights.

When Must The Miranda Rights Be Read

The Miranda Rights must be read when an interrogation by police of a suspect occurs at the scene of a crime, within the jail, in a busy area or in the middle of nowhere. IF A PERSON IS IN CUSTODY, THE POLICE MUST GIVE MIRANDA RIGHTS IF THEY SEEK TO USE THE STATEMENTS AS EVIDENCE AT TRIAL.

Important Note

If an individual is not in police custody, no Miranda rights are required and anything uttered by the person is capable of being used at trial if the individual is charged with a crime. TWO NOTABLE EXCEPTIONS include
1. Police stop someone on the steet to question him about a recent crime; and
2. A person states a confession before police have opportunity to deliver the Miranda rights.