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Many of our prospective clients tell us that the arresting officer never "read me my rights" and believe that the officer's failure may help their case. While this may be true, the truth is that officers don't always have to read the Miranda warnings every time an arrest is made.
In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court established a procedure for officers conducting custodial interrogations. This opinion created what are commonly referred to as "Miranda Rights" or "Miranda Warnings." These warnings only need to be read if an officer has placed a suspect in custody and asks questions that may elicit an incriminating answer. Thus, if an arresting officer never interrogates a suspect then rule does not apply. Likewise, an officer does not need to advise a suspect of these rights if the suspect is not in custody.
Just because many are confused about this point of law does not mean it is not important to discuss it with an experienced lawyer. A knowledgeable attorney can analyze whether the accused was "in custody" in the eyes of the law and whether the interrogation sought to elicit incriminating evidence.
At Taylor & Taylor, we will help you with your criminal case by analyzing all legal issues (like your Miranda rights) to fight for your freedom.
Our knowledgeable attorneys can answer your questions and guide you through the legal process.