Things you might need to know if you've been arrested for an offense like Drunk Driving. If you are interested, read on. If you're in need of a Minnesota Criminal Defense attorney - CALL or TEXT: (612) 619-0262.
Tuesday, June 11, 2013
Not Read You Rights? (Explained)
Did Cops Fail to Read You Your Rights?
Many people in the State of Minnesota believe that if a police officer does not read you your rights, your case will get dismissed. Unfortunately for people charged with a crime, this is not true.
“Your Rights”, also known as the Miranda Rights, only apply if the officer asks you questions while you are in custody. This is often referred to as custodial interrogation. This means if you are in the officer’s or the police department’s custody, and not free to leave, and an officer asks you questions without first reading you your Miranda Rights, your statements cannot be used against you at trial.
However, if you are: (a) not in custody, or (b) you are arrested and you are not read your Miranda Rights, that does not mean the charges against you will be dismissed, it only applies to your statements being admissible at trial --- those things that you tell a law enforcement officer that is against your interest.
If they are not read to you, it does not mean your case is dismissed, however, it could mean that your statements cannot be used against you at your trial ... and that might lead to a verdict in your favor.