I am very often asked the question by clients of mine: “I was arrested and the police didn’t read me my rights. Can my case be thrown out?” They think that somehow that’s a good thing for them.
I often have to explain to them, we all watch these crime programs and police dramas where the person’s handcuffed and the first thing that the police do is read them their rights. You have the right to an attorney. You have the right to remain silent.
Those are real rights and they come from a case of Miranda versus Arizona. It’s a federal case that was decided many years ago which said that the police have to apprise a person of those rights, but it only comes into play when they’re being questioned while they’re in custody.
So when clients say to me, “Well, I wasn’t read my rights.” The question that it begs, and I always ask them, “Did you give a statement?” Most often, they tell me, “No, I didn’t give a statement.” Well if you didn’t give a statement then it doesn’t matter whether they read you your rights or not, because it only comes into play if you’re being interrogated while you’re in custody.
Now, if you’re in custody and the police were yelling at you and interrogating you and questioning you, and they didn’t tell you, first of all, “You have the right to remain silent, anything that you say can and will be used against you in a court of law and you have the right to an attorney. Knowing those rights, are you willing to talk to me right now without an attorney?”
Those are your Miranda rights, and if you waive those rights and then speak with them, then that is legal conduct by the police and ultimately those statements can be used against you in a court of law.
But, if you’re never questioned and you never make any statements, it doesn’t matter whether they Miranda-ized you or not. And very often clients are mistaken about that because of what they see on television. But that’s the significance of it.
The important thing is that you ever are arrested, you do have the right to remain silent, and I always would advise anybody, clients or friends when they ask, you have the right to a lawyer, and you don’t have to speak to the police. So there’s nothing wrong with keeping your mouth shut and eventually with the first opportunity you get, call your lawyer.
I can always be reached at 631-979-7777, and our website is NaiburgObedinAndWeissman.com.