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This is what happens when a police officer fails to read your rights

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When Do the Police Have to Read You Your Miranda Rights?

Everyone has seen TV shows and movies where the police arrest someone for an offense. They tell the person to place their hands behind their back, and as the police put handcuffs on the person, they recite Miranda rights to the person being arrested. "You have the right to remain silent. Anything you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be appointed for you at public expense."

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So what happens if you get arrested and the police do not read you your Miranda rights as they put the handcuffs on you?

Miranda rights are a collection of individual rights that the United States Supreme Court ruled must be read to every person who has been arrested prior to interrogation. The rights apply when two things are happening simultaneously: first, you are in custody and not free to leave; second, you are being interrogated.  Both of these circumstances must exist for your Miranda rights to apply.

If you are in a locked interrogation room at the police department and the police are asking you questions about a possible crime, you must be read your Miranda rights. However, there are times when this does not apply. For example, if you are at your home, at your front door, and an officer is asking you questions, Miranda may not apply because you are not in custody. Conversely, if you are in handcuffs in the back of a squad car, but the police are not asking you questions, then Miranda may not apply because even though you are in custody, you are not being interrogated. While tv shows and movies often show the police reading Miranda rights at the time of arrest, it is not legally necessary for them to do so in most situations.

If the police should have read you your Miranda rights and they failed to do so, this could lead to any statements you made being ruled inadmissible against you in your case. This is significant because it could lead to getting a confession you made thrown out. While a violation of your Miranda rights will not result in an outright dismissal of your case, the exclusion of your statement could make it impossible for the State to prove their case against you.

If you have been arrested and believe your Miranda rights may have been violated, it is important to have an attorney who can fight for your rights. Contact our Milwaukee team of award-winning attorneys for a free consultation to determine how we can help.

You Are Only Guilty If You Are Convicted ®

Did you have a situation where you should have been read your Miranda rights? Give your Wisconsin criminal lawyer team a call today.

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By: Attorney Tom Grieve on 03/06/2020

Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.

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