Many people believe that if their rights are not read out during the arrest (in accordance with the «The Miranda rule«), in the future, the detainee or the detainee will be able to avoid punishment. This is not so — however, in this case, the prosecutor will most likely not be able to use the words of the suspect as evidence in court.
So what is the «Miranda Rule» when you have to read your rights and what happens when they don’t?
What is the «Miranda Rule» and what are your rights?
The Miranda rule (in accordance with the decision of the US Supreme Court in the case «Miranda v. Arizona«) requires that officers inform you of certain facts after your arrest before questioning you.
The officer who is going to conduct the interrogation should inform you that:
- You have the right to remain silent
- If you say something, it can be used against you in court
- You have the right to have a lawyer present during the interrogation
- If you cannot afford to hire a lawyer, a lawyer will be assigned to you if you wish
When will the police read out your rights?
It does not matter whether the interrogation is conducted in a prison, at a crime scene or on a busy street in the city center. If a person has been taken into custody (deprived of freedom of action in any significant way), the police must read out their rights before asking questions and using the answers as evidence in court.
However, if someone is not in police custody, it is not necessary to read the «Miranda Rules», and everything that the person says can be used in court. Police officers often avoid arrest, so as not to read out the rights, talking with suspects — and detain them after receiving incriminating testimony.
Interrogation before arrest
Are you required to answer questions from the police if you have not been arrested? In short, no. (Usually you don’t have to answer, even if you are arrested.)
A police officer, as a rule, cannot arrest a person simply for not being responsible. However, there are situations when you may need to provide information such as an identity card.
Interrogation after arrest
Almost universal advice from lawyers: keep your mouth shut during interrogation after arrest before consulting with a lawyer. Suspects too often unwittingly disclose information that can later be used as evidence of their guilt.
What happens if your rights are not read out when you are arrested?
In this case, what the arrested person will say during the interrogation cannot be used in court for most purposes.
Violation of the «Miranda rule» does not necessarily mean that the police forced the suspect to make an incriminating statement. However, in this case, not only the statement is discredited, but also any evidence that the police receive as a result of the arrest.
Remember! If you have been arrested or charged with a crime, you should talk to a lawyer to get a full understanding of the law and the situation in your particular case and state.
based on the materials of nolo
