Miranda Rights and the Fifth Amendment

Common Misconception: If the police don’t read me my Miranda Rights, the case should be dismissed.

The Actual Law: Actually, the only time the police have to inform you of your Miranda Rights is at the time of custodial arrest and right before they start asking you questions.

Consequences: If the Miranda Rights were not read to you, anything you say to the police in response to their questions, should be excluded as if you had never said it. In addition, any information that was gained as a result of the violation (i.e. finding of a murder weapon after a suspect revealed its location under an unlawful interrogation) can be excluded from the case as well.

Here are your Miranda rights:

  • You have the right to remain silent
  • Anything you say can be used against you in court
  • You have a right to a lawyer during questioning
  • If you cannot afford a lawyer, one will be provided for you by the court

However, in most cases, the Miranda Rights aren’t read to you. This is because the police are only required to read you your Miranda Rights if you are in custody and under interrogation. Until then, the police may still try and trick you into giving statements that could be used against you, and many people fall prey to their tactics. The best thing you can do is politely tell the police officer you “will not answer their questions without first consulting an attorney.”

To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (213) 385-1555.