What Happens if the Officer Does Not Read Me My Rights?

Criminal defendants have, among other rights, the right to remain silent and the right to an attorney.

Many people are familiar with the Miranda Rights, most likely from police and detective shows. The underlying case, Miranda v. Arizona (1966), has a rather interesting background. He confessed to a rape after police grilled him for two hours, without informing him of his constitutional rights. After the Supreme Court vacated Miranda’s conviction, he was retried and convicted again. Miranda, who was paroled in 1972, was killed in a knife fight in 1976. A suspect was arrested but released due to a lack of evidence.

Today, if an officer does not read you your rights and begins custodial interrogation, any evidence the police directly or indirectly receive as a result of that interrogation is inadmissible in court. More on these things below.

Miranda rights violations are one of the most common procedural defenses in criminal cases. These violations are especially common when suspects voluntarily appear for questioning. Officers often don’t read people their rights in these cases to maintain the “good cop” aura. If officers committed a procedural violation, a Ft. Worth criminal defense lawyer can get the charges thrown out of court. A possible procedural violation also gives a Ft. Worth criminal defense lawyer an edge in pretrial settlement negotiations.

What are My Rights?

Before we examine what happens if the officer didn’t read you your rights, we should briefly step back and examine these rights.

The Miranda Rights cover portions of the Fifth and Sixth Amendments. The Fifth Amendment is the right to remain silent, and the Sixth Amendment is the right to counsel.

The right to remain silent is very broad. It includes not only the right to verbal silence, but also the right to physical silence (appearing in lineups, taking tests, posing for pictures, etc.). In contrast, the right to counsel is narrow. It guarantees the right to a lawyer, not the right to a free lawyer.

Custodial Interrogation

As you probably surmised, custody means custody. In this context, “custody” means the defendant doesn’t reasonably feel free to leave. Remember the voluntary appearance example we used above? Generally, people don’t feel free to get up and walk out of an interrogation room, even if they aren’t under arrest or they’re alone in the room.

“Interrogation” means not only questioning, but also pre-questioning. Assume Phil is pulled over for DUI. The officer says he saw Phil weaving and wanted to check on his health and safety. The officer really doesn’t care about Phil’s health and safety. The officer wants to grease the wheels, so to speak, and increase the likelihood that Phil will answer incriminating questions.

Direct and Indirect Evidence

Direct evidence is a complete confession or other admission that the defendant makes during questioning. The law clearly states that such evidence cannot be used against a defendant. Note that a few exceptions apply, such as a Breathalyzer refusal.

Indirect evidence is any physical evidence police obtain as a result of an illegal interrogation, such as the location of a body or murder weapon. Once again, a few exceptions apply in a few cases.

Rely on a Diligent Tarrant County Attorney

If police don’t read you your rights, the case may not hold up in court. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Dallas County and nearby jurisdictions.