The police didn't read me my rights can my case be thrown out?

A lot of times when clients come in for a consultation they tell me that the police didn’t “read them their rights.”  Then they ask “shouldn’t my case be thrown out?”  My answer is usually no. 

Most people are familiar with the Miranda Warnings:

• 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 talk to a lawyer and have him present with you while you are being questioned;
• If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish;
• You can decide at any time to exercise these rights and not answer any questions or make any statements.

Arrests can occur without the Miranda Warnings being given.  Police are only required to Mirandize a suspect if they intend to interrogate that person under custody.  Otherwise anything obtained during that interrogation would be inadmissible as evidence at trial.  The Miranda Warnings are all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested.

It is important to note if you are arrested you must still answer questions asked about your name, age, and address for identification purposes.  Also, a confession given before a suspect has been read the Miranda Warnings may be admissible as evidence in court.

I CANNOT STRESS THIS ENOUGH, PLEASE DO NOT TALK TO THE POLICE WITHOUT CONSULTING AN ATTORNEY OR HAVING ONE PRESENT DURING QUESTIONING!