What Are the Miranda Rights?
The Miranda Rights are a legal requirement for arresting offers to provide an individual with information about their Fifth Amendment right to not make any self-incriminating statements. This legal principle came into effect after the landmark Supreme Court case of Miranda Vs. Arizona, and states that the arresting officer must make anyone In police custody aware that:
- They have the right to remain silent.
- Anything they say can and will be used against them in a court of law.
- They have the right to an attorney.
- If they cannot afford an attorney, one will be provided for them.
When Is a Miranda Warning Required?
Only custody and interrogation triggers Miranda. Just because you were arrested does not mean that the arresting officer was legally obliged to read you your Miranda Rights. According to federal law, an individual must receive his/her Miranda Rights if the police – or any other agency – wish to question or interrogate the person and use the resulting information as evidence in court.
It is also important to note that being arrested is not the only way a person is “in custody.” The law defines custody as any incidence where police deprive a person of his/her freedom in any significant way. Custody, therefore, may be an interrogation in a squad car, or jail, or just in the street – anywhere where police detain someone.
What Happens If Your Miranda Rights Aren’t Read?
So, what happens if the arresting officer fails to read you your Miranda Rights? Failure to read Miranda does not invalidate an arrest. Generally speaking, if you were not read your Fifth Amendment rights, anything collected during questioning after would be inadmissible as evidence in a court of law. This is what is known as an “exclusionary rule,” which is in place to protect citizens from abuses of constitutional rights by government agents or other figures.
There are certain instances where Miranda Rights are not required to be read to use questioning as evidence. These include:
- If public safety is at risk or endangered.
- Inevitable discovery, or if the police would have eventually found the evidence anyways.
Contact an Experienced Defense Attorney Immediately
If the police arrest you and your Miranda Rights aren’t read, you need to contact an experienced criminal defense attorney immediately.
Chad Piotrowski has an extensive background in aggressively defending his clients from charges ranging from marijuana possession to armed drug trafficking and murder. A former prosecutor in Miami-Dade County, Chad Piotrowski has the unique ability to anticipate prosecution strategies to help build a solid defense to help obtain the best possible outcome for his clients.