When Should Police Read Me My Miranda Rights?

Michael Levine
Feb 02 2018 16:40
Most people in America have at least a passing familiarity with their Miranda rights from their frequent use in television and pop culture. However, beyond knowing that they have the right to remain silent and have the right to an attorney, many people do not understand exactly when an officer must read them their Miranda rights. In fact, there are many instances in which an officer does not have to read a person his or her rights, and many suspects accidentally incriminate themselves, believing that police must first read them their rights before a statement can be used against them. If you have concerns about an interaction you had with police, or believe that your charges include violations of your rights, it is wise to consult with an experienced criminal defense attorney. An attorney will advise you of your rights and examine the details of your arrest to identify any potential violations you may use to fight the charges and  protect your rights and privileges.

Police may try to get a person to confess before Miranda rights are required

In general, a reading of a suspect's Miranda rights is only necessary if
  • Police place a suspect in custody
  • Police interrogate a suspect
If a suspect is not yet in custody and is not undergoing interrogation, then the police are not required to read the rights. This regularly contributes to suspects' self-incriminating, complicating the process of building a defense for the suspect. It is important to understand that anything you say to a police officer during any kind of encounter or official interaction is potentially usable against you in court, even if an officer has yet to read you your Miranda rights. Commonly, this may look like an officer stopping a suspect and asking a few questions. Most legal authorities agree that a person must only provide the officer with his or her name when asked, or registration and insurance if stopped while driving. Other than these pieces of information, people may simply state they do not wish to answer any further questions and ask if they are free to leave. While this is legal, it may draw the interest of the officer and lead to a longer interaction.

Building a strong criminal defense

An officer has a duty to uphold the law and to avoid breaking the law while doing so. If you believe that an officer violated your rights during an interaction that led to criminal charges, don't hesitate to use every tool you have available to build a strong defense. Violations of your rights may be enough grounds to dismiss charges, but there may be other options for building a defense, depending on your circumstances.

Have you been charged with a crime? See our Criminal Defense service page for help now.

Have you been charged with a crime? Contact Levine Law.