Should the officer read you your rights when you arrested and what happen if they fail to do so? 30 Answers as of June 12, 2013

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
i would need detailed information about what happened since the law regarding whether your Miranda rights have to be read and if so, when, is complicated. Generally the police only have to read you your Miranda rights if 1. you are in custody and 2. you are being interrogated (questioned beyond routine questions ) If you have a specific case you should hire an attorney and disclose all the facts and circumstances to see if your Miranda rights should have been read and explained to you.
Answer Applies to: New York
Replied: 10/4/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
Yes they should, you need an attorney.
Answer Applies to: Michigan
Replied: 10/1/2012
Law office of Robert D. Scott | Robert Scott
It depends upon whether you answered question while, undergoing custodial interrogation, which incriminated you.
Answer Applies to: Maryland
Replied: 10/1/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Once you are in custody you must be read your Miranda rights before they begin questioning. If they do not, then any statement you make and any result of those statements (e.g., evidence discovered due to the statement) are suppressed by the court and cannot be used against you. There is no automatic dismissal for failure to give Miranda warnings.
Answer Applies to: California
Replied: 9/27/2012
Universal Law Group, Inc. | Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 9/27/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They only have to read you your rights if they want to question you after you are arrested.
    Answer Applies to: Michigan
    Replied: 9/26/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    If you are arrested, the arresting officer must read you your Miranda rights. If he did not, your attorney may be able to get any statements you made and any evidence discovered as a result thrown out.
    Answer Applies to: California
    Replied: 9/26/2012
    Steven Alpers | Steven Alpers
    Any statement you give while you are in custody will be excluded from evidence at trial.
    Answer Applies to: California
    Replied: 9/26/2012
    Law Office of Stephen Barker | Stephen Barker
    The officer should give you your Miranda Rights if you are in custody. Failure to do so,can lead to the quashing of any evidence obtained directly or indirectly as a result of your statements. They would be considered "fruit of the poisoned tree". The determination of what constitutes "in custody" varies from case to case. It is vital, when attacking an arrest for procedural issues, that you consult a good lawyer and be prepared to pay him.
    Answer Applies to: Michigan
    Replied: 9/26/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Under some circumstances it is proper for the officer to give you the warning but not in all circumstances. The warning is only required when a person is in a custodial interrogation situation.
    Answer Applies to: Kansas
    Replied: 9/26/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Only if they intend on questioning you after arrest. Most cops are trained to get everything they need from your mouth prior to cuffing, so Miranda doesn't apply.
    Answer Applies to: California
    Replied: 9/26/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read the Miranda Warnings unless they interrogate a suspect who is in custody. If they fail to read the warnings before they take a statement your lawyer can have the statement suppressed and it can't be used at trial unless you take the stand. Most criminals are scared, uneducated, unsophisticated, and easily manipulated into confessing by the police who are trained in interrogation. If you go to my website you will be able to download a defendant's Miranda Rights card to use if you are arrested to preserve your rights and tell you how to handle the situation.
    Answer Applies to: New York
    Replied: 9/26/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Generally an officer reads the person their rights at the time of arrest; however, it is not critical that they do so. The primary purpose of Miranda, is to advise the defendant that they do not have to speak with the officer without an attorney present. If the officer simply arrested you and did not proceed to question you, he does not nee to read Miranda. If he does question you without Miranda, then the evidence he obtained as a result of the questioning may be deemed inadmissible at trial. That may or may not result in the case being dismissed or being tried without certain evidence. In any event, it is not necessarily critical to the case.
    Answer Applies to: Washington
    Replied: 9/26/2012
    Hamblin Law Office | Sally Hamblin
    It is a requirement. If they do not anything you may have said may be excluded if attorney fights for that.
    Answer Applies to: Michigan
    Replied: 9/26/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Not necessarily. If the officer does not intend to ask you any questions then you do not need to be informed of your right to remain silent or your right to an attorney during questioning. If the officer never asked you any questions, then nothing is going to happen because you were not read your rights.
    Answer Applies to: Utah
    Replied: 9/26/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The Miranda Rights advise a person in custody that he/she has the right to remain silent, that is, that the person is not required to answer questions from the police. If the person in custody is not so advised, a court will order that any information the police obtain as a result of questioning may not be admitted in trial as evidence against that person. Reading the Miranda Rights is not a prerequisite to a valid arrest.
    Answer Applies to: Minnesota
    Replied: 9/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Many people believe that they must be read Miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If Miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.
    Answer Applies to: Minnesota
    Replied: 9/26/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They only need to read your rights if they are going to question you about the crime. If they did and you made incriminating statements without reading your rights the statement can be suppressed on a proper motion.
    Answer Applies to: Michigan
    Replied: 9/26/2012
    Law Offices of John T Doyle
    Law Offices of John T Doyle | John T. Doyle, Esq.
    They should read you your rights and it presents a problem if they questioned you after the arrest.
    Answer Applies to: New Jersey
    Replied: 9/26/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Your custodial statements made in response to police questioning may be suppressed. That is all.
    Answer Applies to: Washington
    Replied: 9/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes the officer should read your rights to you when you are arrested. Don't you know them? Haven't you seen them being read on TV a million times? Surprisingly, I have come to think that reading a defendant his rights is the exception, not the rule. Police frequently do not and the case is not subject to dismissal because they do not. But guess what the police report says, that the defendant was read his Miranda warnings, and then confessed to the crime. It always helps to have a good memory as to what exactly was done at the time of arrest.
    Answer Applies to: Florida
    Replied: 9/26/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Nothing unless you confessed to the crime.
    Answer Applies to: Michigan
    Replied: 6/12/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    A police officer never has to read Miranda rights to a suspect under arrest unless the officer interrogates him or her while in custody. If the officer does not read Miranda rights to a suspect but interrogates the suspect while in custody, only the suspect's statement may be inadmissible during trial.
    Answer Applies to: New Hampshire
    Replied: 9/26/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If they do not any incriminating sentences may be suppressed.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Attorney at Law | Michael P. Vollandt
    You have to be in a custodial setting before Miranda applies. Also, the cop does not have to read you your rights unless he wants to talk to you.
    Answer Applies to: California
    Replied: 9/26/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Two things must exist before officers are required to read your Miranda rights to you . (1) you must be in custody and (2) they must be interrogating you. If they should have read your rights and didn't then the result is they cannot use your statements against you, but all other evidence remains available for use.
    Answer Applies to: Colorado
    Replied: 9/26/2012
    Agron Law Office | Todd N. Agron
    It is police procedure in most all jurisdictions to read your rights when you are arrested. One of the biggest reasons for this is so that they can use any statements you may make against you. In some cases the failure to read you your rights would allow your attorney to get the statements suppressed. Failure to read the rights will not, in and of itself, get your case dismissed. It only gives your attorney an opportunity to move the court to impose limits on the evidence that can be used against you.
    Answer Applies to: Missouri
    Replied: 9/26/2012
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    The police don't have to read you your rights unless they plan to formally question you.
    Answer Applies to: Missouri
    Replied: 9/26/2012
    Mary W Craig P.C. | Mary W Craig
    Miranda rights protect statements you made in custodial interrogation. They are not necessary for an arrest. If the police question someone who has not been Mirandized, then a court can exclude the statement from evidence, but it does not invalidate the arrest.
    Answer Applies to: Alabama
    Replied: 9/26/2012
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