What Are My Miranda Rights and What Happens if the Police Don’t Read Them?

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You probably have heard of Miranda warnings, and know that you have Miranda rights. But you might be unsure of what these rights actually are, and what happens if the police don’t read you these rights. The following provides an overview of what you need to know – if you are charged with a crime in Dayton, Ohio or surrounding areas, be sure to contact an experienced criminal law attorney as soon as possible to protect yourself.

What Are Miranda Rights?

The United States Constitution outlines a number of your rights, such as the fact that you have the right to an attorney, and that you don’t have to provide incriminating information about yourself. For a long time, it was assumed that those who were arrested for a crime simply understood these rights; it wasn’t until 1996 that, in a historic case – Miranda v. Arizona – the Supreme Court of the United States determined that rights must be read to defendants at the time of their arrests. This right, known today as Miranda rights or a Miranda warning, is designed to protect those arrested for a crime from answering self-incriminating questions if they don’t want to.

There are four components of a Miranda warning. They are:

  • You have the right to remain silent;
  • Anything that you do or say can be used against you;
  • You have the right to an attorney; and
  • If you cannot afford an attorney, one will be appointed for you.

What Happens if Police Don’t Read Me My Miranda Warning?

Many people think that if they weren’t read their Miranda warning, then the charges against them will simply be dropped and they’ll be free to go because their constitutional rights were violated. Unfortunately for those charged with a crime, the process doesn’t work this way. In fact, there may be very few repercussions for police officers at all, as proving that Miranda rights weren’t read in itself can be difficult to do. If any evidence was obtained in the period following the person’s lack of being read their rights (i.e. during arrest or questioning, a person admitted to a crime without being read the Miranda warning and without a lawyer present), then this evidence will most likely be inadmissible. Essentially, as this means is that the person’s statement can’t be used against them in court.

What to Do When You Are Facing Criminal Charges

If you are facing criminal charges in Ohio, our experienced attorneys at The VanNoy Law Firm want to help you. We have been advocating for clients like you for years, and know how to ensure your rights are protected during the criminal process. If you are worried about your future, please contact us today to schedule a consultation by calling us directly or writing us a message using our online form.



About The Author

Anthony S. VanNoy

Trial Attorney

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