While many people believe that if they are arrested and not read their Miranda rights, they are off the hook, unfortunately, that isn’t the case. However, if the police fail to read you your Miranda rights, the prosecutor cannot use (for the most part) anything you say as evidence against your case. Keep in mind that as is true with all legal issues, these rules can change depending on the situation.
What Are Miranda Rights?
The Miranda warning (stemming from the U.S. Supreme Court’s Miranda v. Arizona case) made it a requirement for officers to inform you of your rights after arresting you.
Before the officer can question you, they must inform you that:
- You have the right to remain silent
- Anything you say can and will be used against you in court
- You have the right to have an attorney with you during any questioning
- If you can’t afford an attorney, one will be appointed to you if you wish
When is a Miranda Warning Required?
It does not matter where an interrogation occurs; it could be done in jail, at the crime scene, on the side of the road, or somewhere on the beach. However, if you are in custody (stripped of your freedom), the arresting officers are required to read you your Miranda rights if they wish to ask you questions and use your replies as evidence in court.
If you are not in police custody, the police are not required to read you your Miranda rights. Additionally, anything you say can be used at trial as evidence. It’s extremely common for officers to avoid making an arrest so they don’t have to give the Miranda warning. They do this so that you admit guilt in some way and then they make the arrest.
The Law Office of Kevin Cahill Can Help Protect Your Future
The laws surrounding Miranda rights are complex, to say the least. There are too many case-dependant factors for one to explain everything you need to know. If you’ve been arrested and feel that it was done unlawfully, working with an experienced Denver criminal defense attorney can help protect your future.
Call our team today (720) 445-9887 to learn more about how we can help you move forward from your past.