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What happens if I am not read my rights?

If a person is not read his/her rights before being questioned, any evidence obtained from the suspect may be inadmissible as evidence. Here are some details that you should consider.

The Miranda Rights have to be read to a suspect before they are interrogated. They are as follows “You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.” If a person is not in police custody, these rights do not have to be read.

If arrested, you should ask for clarification before speaking to an officer. You can always leave the station if you are not under arrest. For some reason, if the officer does not let you leave, you can ask for an attorney before answering any questions. You cannot be under arrest for not answering questions. If you are under arrest, an attorney will advise you to remain silent, until you have spoken to your attorney in private.

If you or someone you know under arrest, advise them to speak to an attorney first. If you have been read your rights or not, speaking to an attorney will give you a better chance at trial.