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Understanding your arrest and Miranda rights

Most people know that when police make an arrest, they must read the person her or his Miranda rights. Miranda rights begin with the phrase that is often heard on TV shows when an arrest is made, telling the suspect that he or she "has the right to remain silent."

If police arrest you for a suspected crime but do not read your Miranda rights, you may be under the impression that authorities will dismiss your case due to this technicality. However, this is a misconception. It is important to understand the particulars surrounding Miranda rights and your arrest so you do not mistakenly underestimate the seriousness of your case.

What happens if police do not read Miranda rights?

Police do not always read suspects their Miranda rights, because they are only required to do so if they make an arrest and then question a suspect about a crime. That means that if police arrest you and do not read you your rights, you can still remain silent. You can also express your desire to speak with a lawyer. These are your rights regardless of whether police actually inform you of them. If you say anything during your arrest, prosecutors could later use those statements as incriminating evidence against you.

The right to speak with an attorney

Speaking with an attorney helps protect you from self-incrimination. This is important because you may not understand the ramifications of any statements you make to police and how these statements may later affect your story in court. Therefore, whether police actually inform you of your right to speak with an attorney, you can also exercise this right. 

A criminal arrest can have a devastating impact on your life and future. That is why it is essential for you to understand your rights under the law. Going to trial is a complicated and difficult process, and a conviction can bring serious consequences. Do not rely on the misconception that your case will be thrown out if police did not read your Miranda rights. Ensure that you are well-informed and have a solid defense strategy.

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Kestenbaum Law Group | 14401 Sylvan Street, Suite 100 | Van Nuys, CA 91401 | Phone: 818-616-4312 | Van Nuys Law Office Map