You’re under arrest, and just like in movies, you have the right to remain silent. What does this mean? Miranda rights are something we’re all familiar with. Whether we know these rights from movies or not, they can prove useful if we’re facing an arrest.
However, sometimes the police will not give you a Miranda warning, and that act has its own meanings and consequences. Before we talk about whether police have to read you your rights and at what time, let’s talk about what a Miranda warning actually is and what it means to invoke the 5th Amendment.
What Are Your Miranda Rights?
The origin of Miranda rights goes way back to the mid-twentieth century. These rights were created back in 1966 after the case of Miranda v. Arizona. This rule protects your right to invoke the Fifth Amendment and not answer any self-incriminating questions and put yourself at a disadvantage. Your Miranda rights include the following:
- Your right to remain silent
- If you say anything, it can be used against you in the court
- Your right to have a lawyer present during any and all questioning
- Your right to have a lawyer appointed to you, in case you cannot afford one
You can hear an officer recite these things when placing someone under arrest. However, is that the only time they need to remind you of your rights, and what happens if they don’t do so? Let’s find out.
When Do Officers Have to Read You Your Rights?
Officers are obliged to read you your Miranda rights if you’re in custody. This means that it doesn’t matter where the interrogation will take place — at the crime scene or the police station — as long as you’re under arrest, the police have to read you your rights.
On the other hand, the police can still ask you questions without reading the Miranda rights. How is this possible? As long as you’re not under arrest and the police officers make sure you know it, they can ask as many questions as they want.
Why is this difference important, and what are the consequences of not reading the Miranda warning? When the interrogation begins, anything you say, they are free to use against you in a court of law. According to the law, your statement is valid and used as evidence if you’re aware of your rights beforehand.
So what happens when an interrogation takes place, and you didn’t hear the Miranda warning? Contrary to popular belief, this doesn’t make the judge dismiss any criminal case. However, any statement you give without knowing your rights will not be accepted or valid in court.
Don’t Hesitate to Call ABC Bail Bonds
If you or your loved one is under arrest and facing bail, don’t hesitate to contact us. ABC Bail Bonds is there for you 24/7, 365 days of the year. We’ll guide you through the entire bail process and answer all the questions you may have. We are a reputable bail bonds company with numerous service areas. No matter where you are — you can count on us.