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What Happens If The Police Officer Does Not Read Me My Rights?

  • August 19, 2016

    If a police officer fails to read your Miranda Rights at the time of your arrest, this does not mean that your case will be thrown out. Miranda Rights or the Miranda Warning was devised in the 1960s as a way to protect defendants who were being questioned by law enforcement agencies in a manner that was coercive and threatening. Having your rights read to you at the time of arrest is known as being Mirandized. If you are not Mirandized at any time during the actual arrest procedure or before being questioned by police, this is something that your attorney will pursue in an effort to have your charges dropped. If there is significant evidence that you have committed a crime and police questioning was not necessary for building a case against you, however, a conviction is likely in spite of this lapse in standard procedure.

    What Your Miranda Rights Are

    The Miranda Warning reminds you of your Constitutional right to remain silent and to obtain and attorney. You are not obligated to testify against yourself during a police interview. This warning also lets you know that all of your statements can be used against you should your case be tried before the courts. You have the right to obtain legal representation and can refuse to speak until said representation is present at the time of questioning. Should you lack the financial ability to obtain an attorney independently, one will be assigned to you by the court. One part of the Miranda Warning that is not commonly known is the fact that defendants have the right to stop a police interview at any time, in order to wait for their attorneys.

    Exceptions To The Miranda Warning

    Many people believe that a failure to read the Miranda Warning is grounds for an automatic case dismissal. There are instances in which this oversight can and does lead to charges being dropped, but this is not true for all cases. In fact, there are certain instances in which the Miranda Warning does not apply, such as when a person is loitering or stopped for a traffic violation. During these events, people who are being questioned and refuse to speak to the police can be arrested.

    Exceptions To The Miranda Warning

    There are certain instances in which responding to police questioning is necessary.

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