If My Rights Weren’t Read Will My Criminal Case Be Thrown Out of Court?

When anyone is arrested they must be read their rights. These rights are provided for all citizens in the U.S. Constitution and amendments. While you are supposed to be provided your rights, many times law enforcement fails to read them during the arrest process. This alone does not necessarily mean that you will prevail in a criminal case or that your case will be thrown out.

What Are My Rights When Arrested?

If you are being arrested the officer must read you the Miranda rights. These are the right to stay silent, the right to an attorney, and the knowledge that anything you say could be used in court. These rights are inherent no matter why you are being arrested. There is a difference between being detained and arrested. Once you are formally arrested you should have your rights read to you.

Should I Talk to Police?

Generally speaking, it is usually best to remain silent and to request an attorney be present during any questioning. This will help to ensure that your rights are protected and that what you say is not going to hurt your case. Discuss the matter with your attorney privately before you proceed. Conversations between you and your attorney are confidential.

What About a Statement I Already Gave?

If your rights were read to you and you provided a statement afterwards, the statement can be used. If, however, your rights were not read and you gave a statement, it likely will not be admissible. Keep in mind that the prosecutor may have other evidence against you in the case and may proceed with it even if a statement cannot be used.

Speak With an Attorney

The best thing to do if you are arrested is to consult with an attorney as quickly as possible. An experienced criminal defense attorney will talk to you and review the situation to determine the best way to proceed. Every case is different and has a unique set of circumstances so be sure to provide details to your lawyer. It is always a good idea to engage a lawyer as soon as you have been arrested to achieve the best possible support and result.