Philadelphia Civil Rights Lawyers: What Happens if You Are Arrested and Not Read Your Miranda Rights?June 1, 2013
If police fail to read you your Miranda rights as you are being placed under arrest, it does not mean that your case is automatically dismissed. Instead, it means that there is now room for a skilled attorney to exclude testimony and evidence obtained during and after your arrest. Here is a look at what can happen if you are arrested and not read your Miranda rights:
Why Your Miranda Rights are Important
The Miranda rights are a list of actions and inactions guaranteed to you by the Constitution’s Bill of Rights. You have the right to remain silent, the right to an attorney, the right to stop your questioning at any time, and the right to know that everything you say can and will be used against you. Many individuals fail to recognize that they have the right to decline to answer police questions, which is why the Miranda warnings are important.
What to Do if the Police Fail to Read Them
A failure to read the Miranda rights does not mean that your case gets dismissed. The rights only apply once you are formally in custody—not while you are first being questioned on the street. If you are not read your rights and subsequently taken to the police station and interrogated, the statements made during the interrogation may be excluded from trial. Without this testimony, the police may have a weak case against you.
How an Attorney Can Help
No matter the charges or evidence against you, an attorney can help fight back against police who ignored your constitutional rights. However, everyone’s situation is different. Consult an experienced civil rights attorney to begin the process of fighting your charges and defending your due process.
Do not let the police violate your constitutional rights. If you live in Pennsylvania, reach out to the skilled legal team at the law offices of Patrick G. Geckle, LLC for advice regarding your case. Visit our website or call (215)-735-3326 to reach our Philadelphia office and schedule a free consultation.