Advisement Of Rights: When Is It Required And What If It Is Not Done

 In Criminal Defense

Thanks to decades of television and movies, almost every American is familiar with the Miranda Rights. This is the advisement of rights that are given by a police officer to a suspect prior to being taken into custody. But are the Miranda rights required every time an officer pulls out the handcuffs, and what if someone is arrested without the advisement of their rights?

The Basics On The Miranda Rights

There is a federal version of the Miranda rights, but most states have their own version that officers have to read. When the situation does require the reading of the Miranda rights, the suspect must respond that they have heard and understand their rights. If a criminal does not acknowledge their Miranda rights, then they could have incriminating evidence used against them in court.

When Are Miranda Rights Used?

In the United States, someone must be read their Miranda rights if they are being taken into custody by police, or if the police intend to interrogate them. This means that a suspect is not in custody or able to be interrogated until they have been read their rights. However, it also means that anything you say to the police can be used against you in court. So if you have not been read your rights, it is best to say nothing except asking if you can leave.

What If The Miranda Rights Are Not Given?

Not reading a suspect their rights can have some serious implications for the police. If the police do not read you your rights but they still take you into custody and interrogate you, then anything you say is inadmissible in court. This is why one of the first questions a Staten Island lawyer will ask you is whether or not you were read your rights. If you were not, then any statement the police get from you is useless.

Possibly even more devastating from a law enforcement perspective is that anything that is found if you are not read your rights is inadmissible as well. For example, if the police start interrogating you and searching your home without reading your rights and wind up finding a dirty pair of shoes that has a pattern that matches shoes at the crime scene, that evidence will forever be inadmissible in court.

Your Best Course Of Action

Until the police read you your Miranda rights, you should not say anything or answer any questions. After the police have read you your rights, you should demand that you have a Staten Island lawyer present at your interrogation.

The advisement of rights is an important part of the legal process in the United States. As an American citizen, it is important that you understand how the Miranda rights work and what happens when they are read to you, and the implications of not having them read to you.

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