Is it True Charges must be Dropped if I’m not Read my Miranda Rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Whether or not you’ve ever been arrested, reciting the Miranda rights is likely something you can do. Most of us are familiar with the Miranda rights. Unfortunately, many people are also wrong in their thoughts of them.
What is the Miranda Rights?
The Miranda rights require that police officers inform you of your rights as a citizen after an arrest. You must be read these rights before any kind of questioning can take place. The Miranda rights lets you know that you have the right to remain silent, that anything you say can and will be used against you and inform you that you have the right to have an attorney present before any type of questioning.
The Miranda rights must be read no matter where the person is being arrested or questioned. If they are being detained, the rights must be read to them.
You Cannot be Forced to Talk
Under no circumstances are you obligated to answer any questions being asked of you by a police officer, a detective or any other person involved with the crime. Failure to answer questions shouldn’t result in an arrest, although you are required by law to answer questions such as your name and date of birth if requested. Failure to provide these answers may result in your arrest.
If an officer fails to read your Miranda rights while arresting you suspicion of committing a crime, this doesn’t equal your freedom or the right to have the charges dismissed. What it does mean for you, however, is that anything you did say or do cannot be used against you in court. This also includes any evidence that has been collected against you.
Most people will tell you that it is best to remain silent no matter what. It avoids headache and hassle while ensuring that you have a fair trial when that time arrives. If you do not say anything, there is no reason to worry about these rights being read to you.
Do you need a Lawyer?
If you feel that your Miranda rights have been violated or need more information, it is in your best interest to consult with a criminal attorney as soon as possible. Miranda rights and the laws surrounding those laws vary greatly. It is only with the legal expertise of an attorney that you can confidently take the next steps in your case.