Over the many years that I have been a criminal defense attorney, I have heard from many, many individuals during the initial consults, “they didn’t read me my Miranda.” I then ask the person if they made any statements to law enforcement after being arrested about the situation or the crime they have been arrested for, and most times they say no, but they feel that in some fashion not being read their “Miranda Warnings” has an effect on the validity of the arrest. The short answer is that it does not. Miranda Warnings is the requirement of law enforcement to advise a person that is being arrested of their constitutional right to remain silent, and that they do not have to answer any questions after being placed in custody about the allegations for which he/she has been arrested for. If law enforcement does not advise a person of the Miranda Rights/Warnings at the time of or after being arrested, as long as they do not interrogate or question the person arrested about the allegations, the lack of Miranda Warnings being announced, in and of itself, does not negate or have any other effect on the arrest or on the prosecution of the case. If the police try and question about the facts of the case or situation, or try to interrogate the person after they are arrested and in custody, the lack of Miranda Warnings to the person, in advance of such questioning by law enforcement, can have an effect on whether any such statements made can be used in the prosecution of the case, and could very well form the basis for a motion to the Court to suppress or keep out such statements or admissions made, without proper notice of the right to remain silent.
If you have been arrested, accused, or charged with any type of crime, and you would like to discuss your case and discuss legal representation and options, please give me a call. The initial consultation is free.
