Did the Police Read You Your Rights?
You probably already know that under certain circumstances, police and prosecutors must "read you your rights" before they question you. Unfortunately, there are a lot of misunderstandings about that requirement-misunderstandings that could hurt your defense in a criminal case.
What Exactly are these "Rights" the Police Have to Read?
Even if you don't have any experience with the criminal justice system, you've probably heard suspects being read their rights hundreds of times on television. There are two critical pieces to the reading of your rights: the "Miranda warnings" and the confirmation that you've heard and understood your rights.
The "Miranda warnings", so named because of the 1966 United States Supreme Court ruling in Miranda v. Arizona, include this information:
- You have the right to remain silent;
- Anything you say can and will be used against you in a court of law;
- You have the right to talk to a lawyer and have a lawyer present with you during questioning;
- If you cannot afford a lawyer, one will be appointed for you if you so desire;
- If you do choose to talk to the police, you have the right to end the interview at any time.
The confirmation that you've heard and understood your rights will typically include these two questions, in some form:
- Do you understand each of these rights as I have explained them to you?
- With these rights in mind, do you wish to talk to us now?
Police and prosecutors aren't required to use this exact language, but most law enforcement agencies do, or stick very close to this language, because they know it will be considered sufficient in court. A local criminal defense attorney can help you determine whether or not the warnings you received were sufficient.
Once I Start Talking, Can I Change My Mind?
Absolutely. You can decide that you don't wish to answer any more questions and request a criminal defense attorney at any point in the custodial interrogation process.
A word of warning, though: when you change your mind, it's usually because you don't feel that the questioning is going well, and you find yourself getting "in deeper". Consulting a criminal defense lawyer before you start talking can help you avoid those pitfalls and make good decisions from the beginning.
What Happens in the Police Didn't Read Me My Rights?
First, that depends on whether or not law enforcement officers were required to read you your rights. Miranda warnings aren't required for every conversation between police and a suspect. Generally, Miranda warnings are required when you are interrogated in custody. Not all conversation with law enforcement is considered interrogation, and of course not all questioning takes place in custody.
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Officers are also not required to read you your rights repeatedly. If, for instance, you are read your rights, decline to talk, then volunteer information half an hour later, the officers are probably not required to read you your rights again. They will often do so anyway, to avoid any questions at trial.
Assuming rights were required and not read, the result is usually that the statements made during the interrogation are excluded. That is, they cannot be used as evidence against you. However, the fact that the police didn't read you your rights, even if rights were required, almost never means that the charges against you must be dismissed. It only means that the police cannot use the evidence they obtained as a result of that improper questioning.
Sometimes a criminal defense lawyer is able to get charges dismissed in such a case, because the remaining evidence is weak or the officers' credibility has been seriously undermined. However, this is far from automatic.