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What really happens if police don't give Miranda warnings to a suspect.Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect their Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial. Of course, as with nearly all legal rules, there are exceptions (such as where public safety is at issue). What Are Your Miranda Rights?The Miranda warning (from the U.S. Supreme Court's Miranda v. Arizona decision) requires that officers let you know of certain rights after your arrest and before questioning you. An officer who is going to interrogate you must tell you that:
When Is a Miranda Warning Required?It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or in the middle of an open field: If a person is in custody (meaning, they're not free to leave), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial. If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along. (For more detail, see our article on the meaning of "custodial interrogation.") Do You Need to Respond to Police Questioning?Do you have to respond to police questions if you haven't been arrested? Generally, no. You typically don't have to answer even if you are under arrest. A police officer generally cannot arrest a person simply for failure to respond to questions. There are, however, situations where you might have to provide information like identification. Beyond identifying who you are, you can tell the officers you're invoking your right to remain silent and would like to speak to an attorney. Although easier said than done (given it's a police officer), the almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned by police. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt. After consulting an attorney, you can make informed decisions on how to proceed and answer police questions. What Happens If Police Fail to Give a Miranda Warning?Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial. This rule—called the exclusionary rule—aims to deter police from questioning a suspect without informing them of their rights. But that doesn't mean an un-Mirandized statement is completely off limits in the criminal case. While the prosecution can't use it to prove the crime, the statement can be introduced for other purposes, such as to attack the suspect's credibility. For more detail, see our article on when statements obtained in violation of Miranda can be used against you. Talk to a LawyerThe Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state. Before the police interrogate anyone who is in their custody, they have to give them the Miranda warning which is worded as follows: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” In some police
departments in Indiana, New Jersey, Nevada, Oklahoma and Alaska, they also add the following sentence: “We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court.” It’s important to remember that a person can, in fact, be arrested even if they haven’t been read their Miranda
rights. The Miranda rights only have to be read to a person before they are interrogated by the police. The police do not have any right to interrogate you unless they have read you your rights. And if they do ask you questions or begin an interrogation without Mirandizing you, then the case can be thrown out of court, although it is not necessary that this will happen. So it’s necessary for you, as the defendant, to note whether you have been Mirandized or not. And if you have not, then that’s something you should definitely share with your lawyer. How to Use Your Miranda Rights Before and During InterrogationIt’s always a good idea for anyone who has been arrested to wait for legal advice before making any type of statement. So you can just make use of your Miranda rights and tell the police that you want to be assigned a lawyer before you say anything. This will make sure that you don’t inadvertently incriminate yourself. Just because you’ve waived your Miranda rights and started speaking to the police doesn’t mean that you have to continue doing so. You can invoke your Miranda rights at any time and decide that you want to consult a lawyer before saying anything more. In such cases, the law dictates that the police must stop their interrogation right away. The Difference Between Evidence Gained Before and After an ArrestRemember that Miranda rights only apply to any kind of statement that you give the police after you’ve been taken into custody and not before. For example, if you were driving erratically on the road and you were pulled over, the policeman who pulled you over has the right to ask you some questions to determine whether or not you are under the influence of alcohol. They can do this without Mirandizing you. They’ll look through your vehicle to see if there is any alcohol in it and whether there’s alcohol on your breath. They’ll also ask you to perform field sobriety tests. While they’re doing all this, they’re still gathering evidence to determine whether you’re driving under the influence of alcohol. So during this time, they don’t have to Mirandize you. Mirandizing is only necessary once you have been arrested. Which Cases Are Likely/Unlikely to Be Overturned Due to Lack of Mirandizing?In the case of a DUI, a lot of evidence is collected before the Mirandizing takes place. The statement that the person makes while in police custody is not that important to the case. So even if the person wasn’t Mirandized, there is a chance that enough evidence was collected against them before the arrest took place to make a case against them. In such cases, the case will probably not be overturned due to a failure to Mirandize. However, there are other cases when the bulk of the evidence against the person arrested comes during questioning. For example, if you were accused of murdering someone and the police gathered their evidence against you while they were questioning you without Mirandizing you, then it’s likely that the case will be overturned in court. Contact us to learn more about whether your case can be dismissed because your Miranda rights weren’t read. DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation. |
Can a case be dismissed if your rights arent read
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