Here is What Police Officers are Supposed to Say When Reading You the Miranda Warning.
* 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 be speak to an attorney, and to have an attorney present during any questioning. * If you cannot afford a attorney, one will be provided for you at government expense. * Do you understand these rights? * Do you wish to speak to the police at this moment in time?
Be Very Careful of the Last Question
Do you wish to speak to the police at this moment in time? The answer should be NO! No matter what you say to the police, the police can and more than likely will twist your words or may pressure you into saying something you did not mean to say. If you do not have an attorney present, do not say a word. You can give them your name but anything other than that is too much information. Protect yourself before it is too late. Think of your Miranda rights this way, "You have the right to remain silent. Anything you say will be misquoted, then used against you."
What Happens If Your Miranda Rights Were Not Read to You?
If a potential suspect's Miranda rights are not read or violated at any point of the investigation, the charges may potentially be dropped. For example, when a suspect in custody is interrogated without properly being advised of their rights and exposes information which may lead to incriminating evidence against the suspect, then any statement that is made, while detained is potentially excluded from the case in a court of law. If you have been charged with a crime and believe your Miranda rights were not read to you, you may have a right to pursue legal action. A knowledgeable and experienced criminal defense lawyer can help determine if the charges and rights against you have been violated.