One very common question we get at our office is: “The police didn’t read me my rights when they arrested me. How does that help us?”
Television and movies have led people to an untrue belief that the police must read you your rights anytime they arrest you. In truth, the only time that an individual must have their Miranda rights read to them is before what is known as a custodial interrogation, not just because you are arrested.
The analysis of whether someone is in a custodial interrogation is fact specific, and should be reviewed by an experienced criminal defense attorney. If statements were made by an individual to police in a custodial interrogation, without the proper Miranda warnings, then there is a possibility that those statements could be kept out of court. Outside of that circumstance, most statements you make to a law enforcement officer will be admissible against you in court.
Your takeaway from this should be that anything you say to the police at any point in time may be used against you, even if you were not under arrest or read your rights.
If you are facing charges where you were questioned by the police, contact our office at 770-720-6336 to schedule an Defense Strategy Meeting to see if we can help you determine if that questioning was done legally or not and what kind of impact that can have on your case.