Justice. One Client at a Time.


What if the police did not read me my rights?

Before a custodial interrogation, police must issue a Miranda warning, or read them their rights, advising the person that they have the right to remain silent, they have the right to an attorney, and anything they say can be used against them in court. If police arrest someone and then interrogate them without reading them their rights, then the person’s defense attorney can have the person’s statements declared inadmissible.

However, it is important to understand that a Miranda warning is only necessary before a custodial interrogation. If a person is not in custody, police may be able to ask them questions and then later use their statements against them. Likewise, even if a person is not in custody, statements they make while not being interrogated may be able to be used against them.

This is why the best course of action with the police is always to remain silent and speak only to your attorney. If you made statements to police that you think may be used against you, that is all the more reason to consult with an experienced criminal defense attorney as soon as possible.

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