In 1966, the U.S. Supreme court ruled, in the case of Miranda v. Arizona, that whenever a person is taken into custody and before he or she is questioned, they must be told of their Fifth Amendment right. The Fifth Amendment allows an individual to avoid making any self-incriminating statements or answer any self-incriminating questions. Miranda rights do not go into effect until after the suspect is arrested.
In most cases, when a police officer reads a person their Miranda rights they are told, “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 an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” Sometimes, however, the verbiage may be a little different but all the same points and rights conveyed to the person in custody.
Miranda rights are required when an officer intends to interrogate the suspect in custody. If the officer does not intend to question a detained person, they do not necessarily have to read them their Miranda rights at the time of arrest. Rather, if a police officer decides to later question the individual he or she may read the suspect their rights before the questioning. The timing of when the rights are read can indicate if there was a violation and if there would be any consequences.
If you’ve been arrested for any reason, you need the help and representation of a criminal defense attorney. An experienced criminal defense attorney can help determine if there was any violation by a police officer by not reading your rights.