If you are being placed under arrest, the arresting officer should read you your Miranda rights. If for whatever reason, your Miranda rights are not read, it’s not to say that your charges are void and you can escape punishment – it just means that anything you said during your arrest cannot be used against you in court. Having a full understanding of your Miranda rights and what they protect can affect your case and its outcome. In this blog, our Kansas City criminal defense attorney explains what your Miranda rights protect, when they are required, and what the exceptions are.
What are your Miranda rights?
In short, your Miranda rights mandate that any police officer let suspects know what rights they are entitled to once they are placed under arrest. These rights include the right to remain silent, the suspect has a right to an attorney, and that an attorney will be appointed if they cannot afford one.
When are Miranda rights required?
Regardless of the nature of the crime, anyone who has been placed in police custody must be read their Miranda rights. A crucial loophole to remember is that if you are not in custody, these protective rights are not required. If you find yourself in a situation where you are being asked questions by police, you are in no way obligated to answer. In some cases, the police will avoid placing individuals under arrest – by avoiding the obligation of having to read them their rights, many officers hope that the suspects will incriminate themselves with what they say.
What are the exceptions for the Miranda rights?
There are a handful of instances in which the police do not have to read you your Miranda rights. Basic questioning done during the booking process are not protected by Miranda rights. This type of information can include your name, address, age, and height. Furthermore, if your offense is one that puts the public at risk, Miranda rights do not have to be read.