What Happens If Police Fail To Read My Rights?
If police fail to read your rights in Virginia, what are the consequences? Learn if the evidence or entire case will be dismissed.
If an arresting officer fails to read your rights, information you provide verbally cannot be used as evidence against you during trial. Nevertheless, this does not mean that defendants will go away scot-free.
Here’s what you need to know:
The Miranda Right is basically a statement or protocol read by police officers when they’re arresting or interrogating suspects of a crime.
The statement outlines the following:
- If you’re placed under arrest, it’s your constitutional right to remain silent.
- If you choose to dismiss this right, whatever you say can and will be used as evidence against you in trial.
- You also have the right to an attorney, and if you can’t afford one, law enforcement will direct you to a public defender.
In verbatim, it reads: “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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The law came in effect following the U.S. Supreme Court case, Miranda v. Arizona. It’s included in the Fifth Amendment and is meant to protect individuals from self-incrimination.
Other Key Tips
- Miranda Rights should be read any time a suspect is being interrogated or under custody. This means it could be while you’re detained under suspicion of driving under the influence. It could be at your place of employment after being issued a warrant for arrest. It doesn’t have to necessarily take place in jail.
- The key pointer here is that the Miranda Right is only required during custody or interrogations. This, for law enforcement, opens up a window for suspects to potentially say something incriminating.
- Even though it’s your right to remain silent, arrestees will still need to provide identifying information. Failure to do so, or ignore law enforcement’s warning can lead to other charges.
- There’s a key difference between an interrogation and an investigation. During investigations, officers are not required to read Miranda Rights.
- Even when the rights have been read, and defendants waive these rights, the prosecution or police officers must prove that the defendant understood the statement, and intentionally waived these rights.
- Lawyers can file a motion to suppress evidence if the rights were not read to you during custody or interrogation; or in cases of language barriers for instance.
- If the Police violated your Miranda rights, the remedy is that anything you said cannot be used against you at trial. Notice, this does not mean the case is automatically dismissed. You may still be convicted if there is sufficient evidence to prove your guilt without the statements. However, many times such damage to the Government’s case will prevent them from being able to prove guilt.
Ultimately, if you believe your rights were compromised, consult with an attorney for legal counsel.
