We have heard many times from clients that police did not read them their Miranda rights. And trust us when we say we believe you. However, you might be shocked to hear that law enforcement does not have to read you your rights. “Miranda Rights” comes from a Supreme Court case in the 1960s called Miranda v. Arizona. The court stated that if police want to question a person in police custody, they must make them aware of the Fifth Amendment protection against self-incriminating statements and their right to an attorney.
Miranda Rights are as follows:
You have the right to remain silent
Anything you say can and will be used against you in a court of law
You have the right to an attorney
If you cannot afford an attorney, one will be appointed for you
While most movies and crime shows have officers giving the Miranda “warning” when they make an arrest, this is not always the case. Law enforcement must, by law, tell you the full Miranda warning before interrogating you. This kind of interrogation happens when you are in police custody (when you have been arrested) and are being questioned.
Law enforcement does not always have to warn you about your rights during the arrest. Just being arrested or put into custody does not mean you will hear the Miranda warning. However, if interrogation begins and you do not hear the warning, law enforcement may have to throw out anything said in the interrogation.
As always, it is advised to remain silent and call an experienced attorney as soon as possible to protect your freedom and rights. Call Michael B. Cohen today for a free initial consultation if you feel your rights were violated.