Questioning After Arrest
What Consequences do Police Face for Not Reading You Your Rights?
If the police fail to read you your rights before a custodial interrogation, anything you say cannot be used against you in the prosecutor¿s case-in-chief at trial.
What Rights are the Police Supposed to Inform Me Of?
Popularly known as the "Miranda" warning, a defendant's rights consist of the familiar litany invoked by TV police immediately upon making an arrest:
- You have the right to remain silent.
- If you do say anything, what you say can be used against you in a court of law.
- You have the right to consult with a lawyer and have that lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
- If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from TV.)
Does it Matter whether the Interrogation Happens in a Jail or at the Scene of a Crime?
It doesn't matter where an interrogation occurs. If you are in custody, the police must read you your rights if they want to question you and use your answers as evidence at trial. If you are not in police custody, however, "Miranda" warnings are not required to be read and anything you say can be used at trial if you are later charged with a crime.
What if my Answers were Forced Out of Me?
Voluntary disclosure of information is generally admissible at trial. The key word is ¿voluntary.¿ Police officers are not allowed to use physical force or psychological coercion to get you to talk to them. If police officers obtain information through these illegal means, the information is not allowed at trial.
Can I File a Lawsuit against the Police?
If you feel the police violated your rights and you want to file a lawsuit to collect money for your injuries, you should speak to a criminal defense lawyer immediately to learn more about your rights and the complicated legal system.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-30-2013 12:47 PM PDT
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