The officer didn’t read me my rights?

If you are arrested for a criminal law violation, most people assume that the police have to read you your rights.  If the arresting officer(s) does not read you your rights, it may or may not have an impact on the outcome of your case.   Whether you are read your rights (i.e. given Miranda warnings) or not only becomes an issue in your case if you were in custody and are interrogated.

If you are arrested for a criminal law violation, the United States Supreme Court in the case of Miranda v. Arizona held that law enforcement officers must advise you of the following rights prior to conducting an interrogation:  The right to remain silent and that anything you say can and will be used against you in a court of law, you have the right to an attorney and if you cannot afford an attorney on will be appointed to you by the court”.  The Miranda decision deals with a person’s Fifth and Sixth Amendment rights under the United States Constitution.  The Fifth Amendment deals with the right to not be a witness against yourself and the Sixth Amendment deals with your right to counsel.

Whether you are read your rights or not after being arrested, it is important to speak with an attorney before making any statement(s) to law enforcement.  What you believe to be an innocent explanation of the evenst may be all the Government needs to prove its case against you.

If you have been interrogated and not read your Miranda warnings, there is a chance that any harmful statement(s) that you have made can be supressed. In handling criminal cases, the attorneys at Randall & Stump, Criminal Defense Attorneys will evaluate all aspects of your case and, if necessary, file a motion to supress statments that were taken in violation of your constitutional rights.