Frequently Asked Criminal Questions
What happens if the police did not read me my rights
when they arrested me?
The police are not
required to read you your rights unless they want to talk to you
once you are in custody. Everyone has heard of the "Miranda
Rights." This phrase comes from the case of Miranda v. Arizona,
where the United Supreme Court stated that before a law
enforcement officer can question a person who is in custody,
they must tell them their rights. From this case came the
paragraph everyone hears on television and in the movies: "you
have the right to remain silent; anything you say can and will
be used against you at your trial; you have the right to a
lawyer; if you cannot afford a lawyer, one will be appointed;
you have the right to terminate the interview at any time; do
you understand your rights?" The case of Miranda v. Arizona
dealt with confessions and not arrests. So, it is not necessary
for the police to read you your rights at the time of arrest.
That is just something that can, and often does, happen.
However, it is not a prerequisite for a lawful arrest.
Will I be able to get my case dismissed because I was
not read my rights?
Most likely, no. As
discussed above, reading your rights is not necessary for a
lawful arrest. However, if you were "interrogated" (legal term
with a legal definition) after being placed in "custody"
(another legal term with a legal definition), your statements
may not be admissible at your trial, which can lead to a
dismissal of your case. |
