What If The Police Officer Didn't Read Me My Rights?

Many people who contact our law firm concerning criminal charges tell us that the police officer didn't read them their Miranda rights. This may or may not be significant in your defense.

At the law firm of Aaron & Aaron in Clemson, South Carolina, our attorneys are here to protect and advise you. Call 864-551-4370 any time of the day or night to discuss your rights if you are accused of a crime.

What Are My Miranda Rights?

If you are taken into custody, police are required by law to read you the Miranda warning before they can question you. If they fail to do so, any statements you make may not be admissible in court.

The Miranda warning consists of the following:

  1. You have the right to remain silent.
  2. If you do say anything, it can be used against you in a court of law.
  3. You have the right to have a lawyer present during any questioning.
  4. If you cannot afford a lawyer, one will be appointed for you if you so desire.

Unfortunately, the Miranda warning has been weakened over the years. For example, when making a traffic stop, police officers routinely ask the driver if he or she had consumed alcohol without reading the Miranda warning.

Is Failure To Read The Miranda Warning A Defense?

Failure to read the Miranda warning affects only the admissibility of any statements you make. It is not a defense against criminal charges.

However, failure to read the Miranda warning is a sign of sloppy police work. If police failed to read the Miranda warning, they may have made other errors. Our lawyers will carefully review all of the circumstances of your arrest to determine if police mistakes provide a defense in your case.

For More Information About Your Miranda Rights

To schedule a free phone consultation about the Miranda warning, call 864-551-4370 or complete our contact form today.