What happens if you are arrested but not read your rights?

Asked on August 5, 2015 under Criminal Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A common misconception is that every person who is arrested must be read their Miranda rights. The fact is that your rights need only be given to you if you are under arrest and then questioned. If there is no subsequnt questioning, then you need not be "Mirandized". That having been said, questions incidental to the booking process can be asked (i.e. full name, home address, etc.).

If you are questioned after an arrest and not read your rights, the charges will not necessarily be dropped. However, any information obtained to the illegal interrogation is not admissable in court (i.e. cannot be used against you).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A common misconception is that every person who is arrested must be read their Miranda rights. The fact is that your rights need only be given to you if you are under arrest and then questioned. If there is no subsequnt questioning, then you need not be "Mirandized". That having been said, questions incidental to the booking process can be asked (i.e. full name, home address, etc.).

If you are questioned after an arrest and not read your rights, the charges will not necessarily be dropped. However, any information obtained to the illegal interrogation is not admissable in court (i.e. cannot be used against you).


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