February 14, 2025 | Criminal Defense
Most people are familiar with “reading of your rights” when you are under arrest. They have seen police and crime shows depicting officers reading someone their Miranda Rights. You have the right to hear the Miranda warning before police interrogate you. However, what happens if the police do not read you your rights before an interrogation?
What Are Your Miranda Rights?
The Miranda Warning refers to your Fifth Amendment right not to be compelled to be a witness against yourself in a criminal case. The United States Supreme Court ruled in Miranda v. Arizona that your Fifth Amendment right is available outside criminal court. In other words, you cannot be compelled to give information to the police that would incriminate you.
The prosecution cannot use statements from a custodial interrogation unless it can prove that the officers used procedural safeguards to secure the privilege against self-incrimination. The Miranda Warning is a safeguard to ensure the defendant understands their Fifth Amendment rights before they answer questions.
Custodial interrogation occurs when law enforcement questions a person after they have been taken into custody. It also applies if a reasonable person would believe they are not free to leave, such as being placed in an interrogation room and told to remain there.
The Miranda Warning also applies if the officers do something that is likely to result in an incriminating response from the person.
For example, suppose an officer tells a person in custody that they have a video of the person entering the store immediately before a robbery. In this case, the court might consider the interaction an interrogation even if the person has not been arrested. The person is likely to offer incriminating statements if they believe the police can already prove they committed the crime.
Exercising Your Miranda Rights After an Arrest or While in Custody
It is crucial you understand your rights and exercise these rights if you are arrested or detained by the police. Waiving your Miranda Rights means whatever you say can be used against you in court. Furthermore, any evidence obtained because of your statements is admissible in court.
Your Miranda Rights include:
The Right to Remain Silent
You do not have to answer any questions from the police. Anything you say could be used against you in court. You need to exercise this right and stop talking.
Police officers lie during interrogations and try to trick people into answering questions. Do not fall for these tactics.
The Right to an Attorney
You have the right to have an attorney present when being questioned by law enforcement. If you ask for an attorney during an interrogation, police officers are required to stop the interrogation until you have an attorney present.
Always ask for an attorney. If you do not have the resources to hire a criminal defense lawyer, the court will appoint an attorney to represent you.
The Police Are Not Always Required to Read the Miranda Warnings
There are exceptions to the rules requiring officers to provide the Miranda Warning. An officer does not need to inform you of your Miranda rights before questioning you if:
- You volunteer information without the officer asking you questions or prompting you to talk with them
- The officers question you when you are not in custody, meaning you can leave at any time and are not under arrest
- The officer’s questions are meant to obtain information in an emergency (e.g., “Have you been shot?”)
If you are unsure whether the police violated your rights, talk with a criminal defense attorney as soon as possible. An attorney can determine if your rights were violated. If so, you may use the violation as a valid defense in your case.
What Happens if Police Officers Fail to Read You the Miranda Warning Before an Interrogation?
Sometimes, an officer fails to give a suspect the Miranda Warning. If so, anything the person says during a custodial interrogation may not be used as evidence against them.
Failing to provide the Miranda Warning does not mean your case is automatically dismissed. If the prosecutor believes they have sufficient evidence to prove you committed a crime without your statement, they may proceed with the criminal case.
Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States
