Almost every day and each time someone comes into our office after being arrested they eventually state “the police did not read me my rights.” This is said to me in such a bold way, as if I should already know and affirm that their arrest is not legal. I have to tell the clients that their arrest is not going to be thrown out just because the police officer did not read or tell them about their rights. I am of course referring to the Miranda rights. I have posted an article on this Blog previously about a person’s Miranda rights. If you want a good understanding look up that article. The bottom line is this: Your Miranda rights only need to be given when you are in police custody and they want to question you. If you are not in custody the police can talk to you without telling you of your Miranda rights. And the police can arrest you without telling you about your Miranda rights. The failure of the police to tell you about your Miranda rights will not cause your arrest to be “thrown out.” So, if you are arrested, don’t make any statements to the police. Ask to see a lawyer. Call one of the attorneys at Coxwell & Associates. We have the knowledge and experience to protect you.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.