One of the most common things I hear when I first talk with new clients is that the cops did not read them their rights. This short blog post will talk about what exactly those rights, when they have to be read, and what happens if they aren't read.
In all movies and tv shows you always see these rights. These are right afforded to you through the Georgia and United States Constitution. They are:
- 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 talk to a lawyer and have the lawyer present during any questioning.
- If you cannot afford a lawyer, then one will be appointed to represent you if you wish.
- If you start talking without a lawyer you can stop and demand a lawyer at any time.
When Do the Cops Have to Read me My Rights
The cops do not always have to read you your rights. Miranda warnings are required when:
- the person is in custody.
- and there is an interrogation.
The lawyers combine these two requirements and say that Miranda is required for a custodial interrogation. So, if the officers take you into custody, then they must read you your rights before they begin questioning you.
This is the only time that the cops must read your Miranda rights to you. If the cops do not try and question you, then they do not have to read your rights to you.
What Happens if the Cops Forget to Read Me My Rights?
Unfortunately, if the cops do forget to read you your rights that does not mean that the case is dismissed. I certainly wish that it did mean that, but, it doesn't.
The remedy, or the fix, for cops forgetting to read you your rights when they were required to is that any statements you gave during a custodial interrogation.
The best solution is to never speak to officers if you are under investigation. But, if you believe that you, or a loved one, gave a statement during a custodial interrogation please contact us. Shoot us a text or give us a call and talk with Ryan today.