What if the Police Forget to Read Me My Miranda Rights?

As United States citizens, we are given protection against self-incrimination. When a police officer arrests someone and plans on questioning them, the officer is often required to read the suspect these rights, known as Miranda Rights.

If you have been arrested, Attorney Brad C. Richardson is here to offer you assistance. He has years of experience in defending criminal cases and knows what implications arise when certain procedures are not followed.

What are Miranda Rights?

Miranda Rights are rights that are given to all detainees. Miranda Rights guarantee your right from being forced to provide incriminating testimony (Fifth Amendment) and your right to an attorney (Sixth Amendment).

Often known as being ‘Mirandized,’ the Miranda Warning informs an individual who is being arrested of the following:

• You have the right to remain silent
• Any testimony you provide can be used to incriminate you
• You have the right to hire an attorney
• If you are indigent, the court will provide you with an attorney at no cost

When Must Miranda Rights Be Read?

Miranda rights must be read anytime the police plan on detaining a person under custodial interrogation. Custodial interrogation means that you are being questioned by the police and are not free to leave. If you are being questioned but can leave at any time, then you are not under custodial interrogation.

Why is it Called a ‘Miranda’ Warning?

The ‘Miranda’ Warning comes from the Supreme Court case Miranda v. Arizona. In Miranda, the defendant was arrested in his home and taken to the police station for questioning. The questioning lasted two hours, after which time the defendant signed a written confession. At no point during this process was Mr. Miranda read his rights.

At trial, the written confession was admitted into evidence despite the defense attorney’s objection. The jury found the defendant guilty, and Miranda appealed. On appeal, the Supreme Court of Arizona affirmed the lower court’s decision.

The defendant appealed to the U.S. Supreme Court, and the court reversed the judgment. The Supreme Court held that any testimony given by a defendant during custodial interrogation could only be used as evidence if the defendant was first made aware of his rights.

What if the Police Do Not Read Me My Rights?

The police are only required to read you your Miranda Rights after your arrest if you are in police custody, and they plan on questioning you. There are exceptions to this rule, like if the police believe there is an immediate danger to public safety.

Albeit, if you should have been read your rights and you were not, then any testimony you provided while under police custody can be thrown out. Do not expect your charges to be dropped or dismissed due to the police forgetting this very important step.

Do Not Delay: Schedule Your Consultation Today

If you have been recently arrested, you need dependable counsel. Our South Carolina criminal defense lawyer has over two decades of experience defending those suspected of a crime. Contact us today online or by calling 843-488-4321 to schedule your consultation.