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What Can Happen If My Arresting Police Officer Didn’t Read My Miranda Rights?

Written by on October 28, 2023

You may be aware that during an arrest, the law officer recites a set of rights to the defendant. These are known as Miranda Rights, but do you know their importance and what can happen if they’re not read to you during an arrest? The Bellinger Law Office provides insight into the matter. We are familiar with criminal law in Indiana and can provide specified guidance at a consultation.

Understanding Miranda Rights

Miranda Rights, named after the landmark U.S. Supreme Court case Miranda v. Arizona (1966), are legal rights that must be explained to individuals under arrest. These rights include the right to remain silent, the right to an attorney, and the warning that anything you say can and will be used against you in a court of law.

When Are Officers Required to Read Miranda Rights?

Contrary to popular belief, police officers are not always required to read your Miranda Rights at the time of arrest. They only need to do so before a custodial interrogation – that is, questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

The Consequences of Not Reading Miranda Rights

So, what happens if an officer doesn’t read your Miranda Rights when they should have? One of the most direct consequences is that any evidence obtained from you after the point where the rights should have been read may be deemed inadmissible in court. This is known as the “exclusionary rule.”

For example, suppose you were arrested and interrogated without being read your Miranda Rights, and during the interrogation, you confessed to a crime. In that case, your confession could potentially be excluded from evidence, significantly affecting the outcome of your case.

Legal Implications and the Role of a Criminal Defense Attorney

In such situations, a criminal defense attorney plays a crucial role. They can argue that your rights were violated and any evidence obtained thereafter should be suppressed. However, it’s important to note that the suppression of evidence doesn’t necessarily mean your case will be dismissed. It merely limits the prosecution’s evidence, potentially weakening their case against you. Each case is different, which is why anyone who was arrested needs to call a lawyer at the soonest opportunity.

Seek an Attorney’s Guidance

The failure to read Miranda Rights when required can have serious implications for a criminal case. If you believe your rights were violated during your arrest, it’s crucial to consult with a knowledgeable criminal defense attorney who can guide you through the complexities of the legal system and fight for your rights.

The Bellinger Law Office provides the guidance you need to ensure your best interests are protected as you handle the criminal defense process. Our team of experienced attorneys is ready to help you explore your options. We pride ourselves on our experience, empathy, and commitment to achieving the best possible outcome for our clients. Don’t leave your future to chance. Call us today to schedule a consultation.

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