One of the most basic elements of being placed under arrest is having the arresting officer read you your Miranda rights. In the event that your rights have not been read, that isn’t to say you can escape your
punishment. Failing to have your Miranda rights read simply means anything you say during your arrest cannot be used against you in a court of law. In this blog, our Dallas criminal defense attorney explains what your Miranda rights are, when they’re required, and the exceptions.
What are you rights?
The Miranda rights were first established in a U.S. Supreme Court’s decision of Miranda v. Arizona. Under the law, police officers are obligated to inform any suspect being placed under arrest of the rights they are entitled to. While placing an individual under arrest, police must let him or her know that they have a right to remain silent, anything they say can be used against them, they have a right to an attorney, and that they will be given an attorney if they cannot afford one.
When are Miranda rights required?
Regardless of the nature of the interrogation, if you’ve been placed in police custody, you must be read your Miranda rights. It’s important to note, however, that if you’re not placed in police custody, Miranda
rights are not required. If you find yourself being asked questions by an officer, you are not obligated to answer them if you are not in their custody. Oftentimes police will avoid placing suspects under arrest to
avoid reading them their rights, in the hopes they say something incriminating.
What are the exceptions?
There are several instances in which police are not required to read your Miranda rights. Any questions you answer during the booking process do not have to be protected – this includes any basic information including your name, address, height, date of birth, and next of kin. Should your criminal actions put public safety at risk, Miranda rights do not have to be read.