For those who have been arrested where the police offer failed to read the person of their rights, often wonder if that will have a beneficial or negative effect on their case. There is a major misconception that a police officer must always recite a person’s right as they are being arrested and if not; the entire case can be thrown out of court. To help provide more understanding about this common misconception, Kajioka & Associates Attorneys At Law and how or if a failure to be read your right will affect your case.
When Are You Supposed to Be Read Your Miranda Rights?
If a police offer doesn’t read you your rights at the time of the arrest, about 99% of the time it has no affect on your case. Only in a very few special occasions will it actually matter. When it comes to the procedure of reading a person their rights, there are three major considerations. The first is the meaning of reading a person their rights, the second is when the person has to be read their rights and third what it means if the police offer fails to read a person their rights.
Definition of Rights in Law
In the Miranda rights the major point that is given is that you have the right to remain silent, and you have the right to an attorney. This is a widely known fact and doesn’t necessarily need to be told to a person. Originally the Miranda Rights began in 1966, during a court case known today as Miranda vs. Arizona. The nature of this case was when a man was arrested and then interrogated. Interrogations are much more sensitive when it comes to a court case and since the man said the wrong words, not understanding the nature of the interrogation, those words were used against him in a negative matter. Due to the confusion it is required that a person is read their rights, but only in one circumstance does it truly matter.
When Do You Have to Be Read Your Rights?
The recitation of the Miranda Rights is required by police officers after an arrest, and not during the time of an arrest. If a person is being interrogated by officers or they want them to confess a crime the interrogator or police officer must then recite or remind the person of their right so they may choose their words carefully or simply request an attorney. However, police officers only have to tell a person once. If the police officer read you your rights during the time of the arrest, then the interrogator doesn’t have to recite them again during interrogation. To help clarify, a person must only be read their rights if a law enforcement officer is trying to get you to confess to a crime.
When Does a Failure to be Read Miranda Rights Matter?
This leads to the next major question; when does not being read a person’s rights affect their case. If the custodial interrogation occurs and the arrested person has never been read or reminded of their Miranda Rights, at this point the defendant receives favor in court. However, this still doesn’t mean the case gets thrown out. What can occur if law enforcement forces a confession or as they like to call it a “voluntary statement,” the defending attorney can file for motion to suppress the voluntary statement or the incriminating statement.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you have been arrested and you’re confused on your rights, and if you were interrogated unfairly, you may be able to turn the consequence into your favor. If you need help and need a defense attorney then contact Kajioka & Associates Attorneys At Law today.