When should your rights be read to you? 7 Answers as of February 06, 2012

The law regarding your Miranda righrts is complex and depends on the facts and circumstances of each case. However, generally they only have to read you your rights when 2 conditions are met- 1. you are in custody and 2. you are being interrogated on the charges- not just being asked for routine information in the arrest procedure. It sounds like they did not interrogate you and therefore did not have to read you your rights.

Since they did not question you they did not need to read you your rights. That whole "read your rights" thing is so overblown because it makes for good television drama, but in reality it is a minimal protection that, when not read in certain circumstances, may lead to the suppression of statements made at trial. That's it. It does not invalidate an arrest.

The police do not have to read the Miranda Rights to you unless you are in custody and being interrogated. They will ask you for "pedigree" information such as your name, address, and Social Security number, but that is not an interrogation and does not require Miranda Warnings. You should always have a lawyer present when you surrender on a warrant or when you are being asked questions by any person, even an employer, prosecutor, or investigator. People always think that they will get their charges dismissed or that the police did something wrong if they do not get their rights read to them. If you give a statement while in custody and as a result of a question by the police your lawyer can run a suppression hearing to try and get the statement or confession suppressed. In that case it could only be used at trial if you take the stand and say something different as rebuttal evidence. In other words, Fish Only Get Caught When They Open Their Mouths.

You should be read your rights before any custodial interrogation.

There is no law or any other requirement that police have to read you your "rights." Partly, I'm sure, because of television, it's such a misunderstood issue. The "rights" you're referring to is the Miranda warning that was established by the Supreme Court in the case, Miranda v. Arizona. It made it necessary that, before a statement made while in custody can be used against you in a court of law, you must be warned that any statement made can and will be used against you and that you have a right to have counsel present. The remedy for any coerced statement or confession made while in custody without having been read the Miranda warning can result in the statements/confessions being suppressed and prohibited from being used by the prosecution. That is the only time Miranda would apply - 1) In custody; and 2) Statements or confessions taken while in custody. That's it. If you make any statements while not in custody, Miranda does not apply. However, if there was a warrant issued for your arrest, right to have counsel present during questioning automatically applies and the police cannot talk to you without counsel present.

If no one questioned you then you get no rights warning.

The Miranda warnings, as they're now known, came out of the Supreme Court case, Miranda v. Arizona, as an effort to protect a citizen's 5th Amendment right to remain silent. In short, the police are to alert suspects that they have the right to remain silent (and not incriminate themselves); that if they choose to speak, whatever they say can and will be used against them in proving their guilt; and that they have a right to an attorney present during questioning even if they can't afford an attorney. The Miranda warnings are only required to be given by police when a suspect is in custody and being questioned. (custodial interrogation). Hence, if you are not in custody or you make statements without having been questioned, then the Miranda protections do not apply. The easiest way to find out if you are in custody if you are not sure is by asking the police officer if you are free to leave. If the police do question you while you're in custody and do not read these warnings to you, then your lawyer may seek to prevent or limit the prosecutor's ability to use these statements against you. It does not mean that the charges against you are dismissed, as the prosecutor is allowed to use any other evidence against you that was lawfully obtained to try and prove their case beyond a reasonable doubt. There a great many legal decisions discussing the nuances of this area of law so I highly recommend discussing the particular facts of your case, with an experienced criminal defense attorney like myself.