What happen if the police don’t read you your Miranda rights?

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What happen if the police don’t read you your Miranda rights?

Asked on September 28, 2012 under Criminal Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

Many people believe that any time a person is placed under arrest they must be read the Miranda warning. This is a myth. The Miranda warning must only be given if a person is in custody and then questioned. However, once a person is in custody and questioned without being "Mirandized", then any statements so made cannot be used against them.

The 2 exceptions to this:  the statements were voluntarily and knowingly made anyway (that is the defendant waived his rights); or the questioning was incidental to the booking process (ie. name, address, etc).

Note: Any questioning before being taken into custody is legal.

Jon Welborn / Welborn Law Firm, PLLC

Answered 8 years ago | Contributor

Then any statements made by the defendant during custodial interrogation should be suppressed.  It does not necessarily invalidate the arrest itself. 


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