What Happens If I Wasn’t Read My Rights in an Arrest?

Every United States citizen must be read their rights if they are arrested. These rights are part of the protection afforded to us by the U.S. Constitution and Bill of Rights. When someone is arrested they must be informed of these rights by a member of law enforcement at the time they are being arrested. These rights are commonly referred to as the “Miranda Rights”.

What are My Miranda Rights?

Miranda Rights are the basic rights that must be provided to those who are being placed under arrest. These include several important points including:

• You have the right to remain silent
• Anything you say can 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 for you.
• You may stop talking at any time

The rights are meant to protect you during and after an arrest. It is important to note that even if the police failed to read you the rights, you are still protected by them and can exercise your rights at any time.

Failure to Be Read Your Rights

Police must read you your rights at the time of arrest. Failure to do so, however, doesn’t mean that the entire case will be thrown out. If you weren’t read your rights, anything that directly applies to your rights may not be permissibly used against you in the case. But it is important to keep in mind that other evidence that the police have will still be able to be used against you, as long as it was garnered legally.

Talk to Your Attorney

If you were arrested and your rights were not read, be sure to let your attorney know as soon as possible. This can alter the way the entire case proceeds. Your lawyer will review your situation to determine exactly how this error impacts your case. If the evidence against you is weak, the charges against you may be reduced or dropped completely. Every case is different so it’s necessary for your lawyer to have all the facts in order to determine the best defense.