What happens if a police officer does not read your Miranda Rights?Most people in the U.S. believe that if law enforcement does not read your rights to you, your case gets dismissed. This is not a true statement.
Your Miranda Rights or Rights only apply if the law enforcement officer asks you questions while you are in custody. This is called "Custodial Interrogation". That means if you are in custody, in handcuffs or not free to go and a police officer asks you questions without you agreeing to answer those questions, after Miranda is read, those statements cannot be used against you. However; if you are not in custody or if you are arrested and Miranda Rights are not read to you, does not mean that your case is not dismissed.
Not reading your rights only applies to your statements. Things that you say to a Police Officer or Law Enforcement that are against your interests. That's the only time that Miranda Rights apply. If they are not read, this does not mean that your case is dismissed. It may mean that your statements can't be used against you.
To learn more about Miranda rights and other criminal defense topics, visit our Criminal Defense FAQ.
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