What if the Police Forget to Read Me My Miranda Rights?

If the police arrest you and plan to keep you for further questioning, they must legally read your Miranda rights. There is a misconception that if the police do not read your Miranda rights, you cannot be prosecuted, which is not true. However, law enforcement will not be allowed to use any testimony that you provide while in police custody.

In this article, our Tennessee criminal law attorneys provide an overview of Miranda rights, how to invoke them, and the consequences of not being read your rights when the police are legally required to do so.

Miranda Rights: The Basics

Following a suspect’s arrest, if the police plan to detain the suspect for questioning, the person must be read their Miranda rights. This applies if a suspect is in custodial interrogation. An individual is in custodial interrogation if he or she is in the presence of police officers (such as at the police station) and does not have the freedom to leave.

Miranda rights state the following:

1. You have the right to remain silent
2. Any testimony or statements you provide can be used against you in court
3. You have the right to an attorney
4. If you cannot afford an attorney, the court will provide one at no cost to you

Where Do Miranda Rights Come From?

Prior to 1966, Miranda rights were not read to anyone placed under arrest. That all changed with the Supreme Court case of Miranda v. Arizona. In Miranda, law enforcement questioned the defendant (Ernesto Miranda) for two hours. Miranda signed a written confession and made a verbal confession, both of which were admitted at trial. The jury returned a guilty verdict.

Although the Supreme Court of Arizona affirmed the trial court’s decision, the U.S. Supreme Court reversed the judgment. The Supreme Court ruled that a defendant must be made aware of his constitutional rights prior to confessing or providing testimony. Since Miranda was not made aware of his constitutional rights, the Supreme Court overturned his conviction and remanded the case to the lower court to be retried.

How To Invoke Your Miranda Rights

To protect yourself against self-incrimination, after a police officer reads your Miranda rights, you will want to respond. This is to ensure that there is no language barrier and that you understand your constitutional rights.

An appropriate response following a reading of your Miranda rights would be “I wish to invoke my right to remain silent,” or “I want to speak with my attorney before answering any questions,” or a phrase similar to that effect.

Consequences of Not Being Read Your Miranda Rights

If law enforcement was legally required to read you your Miranda rights and failed to do so, any testimony or confession you provide as a result will not be admitted into evidence. Any testimony you provided in police custody or evidence that was discovered as a result will most likely be discarded.

Not Read Your Miranda Rights? Our Tennessee Legal Team Can Help

If you were not made aware of your Miranda rights when a police officer was legally obligated to do so, we can help. Our Tennessee criminal law attorneys are here to fight any injustices that occur when law enforcement fails to uphold their duty. At Burch & Stewart, we have been helping clients in Tennessee with their legal problems for over 20 years. To schedule your free consultation, contact us online or by phone.