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The Right to Remain Silent: Do Officers Need to Read Miranda Rights?

By Hager & Schwartz, P.A.

November 17, 2016

The only time it is necessary for police officers to inform someone of their Miranda rights is if they are going to take that individual into custody for interrogation and procure a statement. Miranda rights, one of the rights a citizen has under the Fifth Amendment—which states that every citizen has the right not to incriminate him or herself—allows a person to exercise the right and seek legal counsel if arrested.

Police Are Trained to Get People to Talk

If being detained for an arrest on an alleged criminal charge, remember that police are trained to probe and enter into a line of questioning to get people to crack. Whether or not the person is truly guilty of their crime is another story, but the tactics that law enforcement will do anything to have some sort of incriminating evidence on someone.

Under Miranda rights and the law, every citizen is entitled to the following:

  • The right to remain silent
  • Anything discussed or said can be used as evidence in court
  • The right to retain an attorney, who can be present during questioning
  • An attorney can be assigned by the courts if the individual cannot afford one
  • The individual can exercise any of the above rights at any time

You could potentially have a case if the officer who arrested you violated any of these rights. So, for example, you were stopped for a traffic violation, this is an example of an offense that would not require you to be taken into custody. The officer not required under the law to inform you of your Miranda rights, so you may not have a case with regards to a violation. On the other hand, you may have a case if your rights were not read and you were, in fact, taken into custody.

Remain Silent, No Matter What

If you suspect a Miranda rights violation, get in touch with our Volusia County criminal defense attorneys immediately. With 35+ years of experience and a background working as state prosecutors, we have handled a wide variety of cases. We have the preparation and the tools at the ready to defend cases and advocate for those who believe the rights were violated.

Call Hager & Schwartz, P.A. today and schedule an immediate case consultation to see how we can help!