If you’ve been arrested and police failed to read you your Miranda
rights, it’s not to say you can escape punishment – failing
to have your rights read means the prosecutor, for the most part, is unable
to use anything you’ve said as evidence against you in a trial.
As with any law, there are exceptions.
What are your rights?
The Miranda warning comes from the U.S. Supreme Court’s decision in
Miranda v. Arizona, and it mandates that police officers are to make any suspect that’s
being placed under arrest aware of their rights. Authorities who plan
on interrogating a suspect must let them know they have a right to remain
silent, whatever they say can be used against them in a court of law,
they have the right to an attorney, and that one will be appointed if
they cannot afford one.
When is it required?
Regardless of where an interrogation takes place, any individual who has
been placed in custody must be read their Miranda rights. If you are not
in police custody, however, Miranda warnings are not required and anything
you say can be used against you in a trial. It's important to note
that if you are not in custody, you are not obligated to answer questions
asked by law enforcement.
What are the exceptions?
There are a few exceptions in which your Miranda rights do not have to
be read. Basic questions you answer during booking (name, address, height,
date of birth, and next of kin) do not have to be protected by Miranda
rights. If there is a risk posed towards public safety or if officers
are responding to an emergency situation, Miranda rights do not have to be read.
If you’ve been arrested, do not rely on your Miranda rights -- secure
the defense you need to safeguard your future. At The Law Offices of Kerry
L. Armstrong, APLC, our San Diego criminal defense attorneys have extensive
experience in handling even the toughest cases. Call (619) 268-4682 for a
free case evaluation.