They Never Read Me My Rights!
Posted on Jul 10, 2015 11:12am PDT
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.