California Criminal Defense & Family Law Blog

Do the police have to read me my Miranda Rights when I’m arrested?

April 8, 2009

by LA Attorney

What happens if the police officers don’t read me my rights?

Your Miranda rights grants you a right to not make any statement that may incriminate you after you are arrested. The person in custody must, prior to interrogation, be clearly informed that the person has the right to remain silent, and that anything they say will be used against them in the court of law; they must be clearly informed that they has the right to consult with a lawyer and to have the lawyer with them during interrogation, and that, if he/she is indigent, or unable to afford an attorney, a lawyer will be appointed to represent them.

If a person is arrested then they may or not be read their Miranda rights. However, if the police wish to interrogate you about the facts of a case, then they must advise you of your Miranda rights. If they do not do so, then any statement they obtained from you during that interrogation may not be used against you and may be thrown out by the judge.

This is why it is imperative that if you are arrested you say that you wish not to speak and would like to speak with an attorney. They are required then, by law, to stop questioning you until your attorney is present (even if you need a court appointed attorney).

It is important that you hire an aggressive and knowledgeable attorney who can spot these and other key issues when defending you against criminal charges. The Law Offices of Michael S. Carrillo can provide you with effective and affordable representation to defend you in your criminal case. Call now for a free consultation to discuss your case. (323) 600-5393 or email Mike@mikecarrillo.com.

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