3 Common Questions You May Have about Your Miranda Rights
When a person is arrested, the police are supposed to read them their rights as a person facing criminal allegations. This reading, sometimes known as a Miranda warning or a reading of the Miranda rights, is a basic part of most arrests and is required in many cases. However, not all arrests require the reading of these rights at the time of arrest.
If you have been arrested and are facing criminal charges, it is important that you obtain vigorously committed legal representation in your case. For a free consultation regarding your case, contact the New Jersey criminal defense lawyers of the Law Offices of Jason A. Volet, LLC, at 732-503-8968.
Do the Police Have to Read the Miranda Rights Every Time?
It is not required that police officers always read a person their Miranda rights if they want to question them. In some cases, officers may stop someone on the street or take them to the police station and ask them about a crime without reading these individuals their Miranda rights. This is typically acceptable because these individuals are not in police custody at the time of questioning.
What Are the Miranda Rights?
The Miranda rights are a set of warnings issued to a a person being questioned by the police which are intended to prevent them from self-incrimination. These rights insulate a person against unfair interrogation or being forced by the police to make a false statement. They include the right to remain silent, the right to seek a legal advisor, and the right to stop speaking to a police officer at any point during an interrogation.
What Happens if These Rights Are Not Read?
If an officer is supposed to read these rights, but fails to do so, the information obtained through subsequent questioning cannot be used in court. This includes any confessions that may have been issued.
Contact Us
If you were arrested, taken into police custody, and questioned, you should have received a reading of your rights. If the police failed to do this, a skilled and experienced attorney may be able to have related evidence excluded from consideration of your case. Contact the New Jersey criminal defense attorneys of the Law Offices of Jason A. Volet, LLC, by calling 732-503-8968 today.
