You've Been Arrested in Califo ia and Police Failed to Read Your Miranda Rights - What Now?

The fact that a person was not read his or her rights when arrested does not mean that individual will not be punished. Every person who is arrested should be read his or her Miranda rights, however there are cases in which police fail to include this step. When you aren't read your Miranda rights, basically anything you say cannot be used by the prosecutor as evidence against you should your case go to trial. There are exceptions, however, as with any legal rule.

What exactly are Miranda Rights?

Following an arrest, police are required to inform an individual of certain facts prior to asking any questions. Before interrogating you, a police officer must inform you that:

ï You have the right to remain silentrnï Anything you do say can be used against you in courtrnï During questions posed by police, you have the right to have an atto
ey presentrnï If you so choose, an atto
ey will be appointed for you if you cannot afford to pay to hire a lawyer

What if you haven't yet been arrested?

Police often ask questions before arresting someone. In this case, do you have to answer? In most cases no - however this is true even if you have been arrested. While you may want to give your name or identify yourself, politely decline to answer any questions either prior to or after your arrest. Police officers cannot, in most cases, arrest you because you decline to answer questions.

When is it required that police read your Miranda rights?

Any time you are in custody (in other words, deprived of your freedom of action), police must read your Miranda rights. This is true whether you are on a public street, at the scene of an alleged crime, or even at a jail. Any time police desire to question you in order to gather evidence that may be used at trial, you must be given your Miranda rights. However, it's important to note that if you are not in police custody, it is not required that police read your Miranda rights; at this point, anything you say can be used against you should you go to trial. The fact is, police often do not arrest someone they suspect committed a crime because they do not have to read that individual his or her Miranda rights - and they hope the suspect will say something incriminating, at which point they can arrest the person AFTER the fact.

Consult with a Los Angeles criminal defense atto
ey

There are many exceptions as with every rule, and the Miranda law may differ slightly from one state to another. Because of its complexity, it's important to speak with a defense lawyer before you ever answer any questions asked by police, either before or after an arrest. The simple truth is that in any situation, it's best to invoke your right to remain silent regardless of whether police read your Miranda rights.