This guide briefly explains why an individual is "read their rights" upon arrest and what might happen if the arresting offer fails to do so
What happens if I am arrested and the arresting officer does not read me my rights?
If an officer does not read you your Miranda rights, it does not mean that you were unlawfully arrested and must be acquitted of all charges. A failure to read an individual his or her Miranda rights once arrested and in police custody simply means that if the arrested individual makes any kind of incriminating statement from that point on, such a statement will not not be admissible in a court of law. Recitation of Miranda rights to a criminal defendant is more or less a warning and is to inform an individual that they have the right to remain silent at all times. Miranda rights can be waived if an individual makes an intelligently and knowingly decision to do so.
Should I make a statement to the police?
Every case is different. If an individual feels a need to talk to police upon arrest, they should consider consulting with their attorney first to get his or her opinion. There can be a number of reasons why it could be in an individual's best interest to talk to the police but before a decision to do so has been made, bare in mind that any statement, whether good or bad, can potentially be used against the individual in his or her case
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.