Do the Police Have to Read You Your Rights When You are Arrested?
No! The most common thing my clients tell me after they have been arrested is “Yale, the police didn’t read me my rights; you’re going to be able to beat my case.” I then have the difficult task of telling people that have been arrested that the police DO NOT have to read you your rights when you are arrested. This is a very common misconception. With the growing popularity of crime shows on TV (Law and Order, Castle, CSI) people have come to believe that the minute you’re arrested the police must read you your rights- this is not true. It’s amazing what we believe based on what we see on TV. In real life the police must read you your rights in very limited circumstances.
Miranda warnings as they are known in legal circles must only be read or given to someone when the police do a custodial interrogation. Or put in another situation, if you are not in custody and not being asked questions by the police, they do not have to read you your rights. This means whatever you say spontaneously, can, and will be used against you. It also means whatever you say prior to an arrest can be used against you also. The best thing to do if you have been arrested is to say nothing.
Most of the criminal cases that are lost at trial are lost because of a defendant’s statements to the police. That is why you should contact a Miami criminal defense lawyer upon being arrested.
Police know the rules of procedure much better than you do. They also know that people who get arrested try to explain their way out of it. That’s why they can seem overly nice when an arrest is made. The police will use your explanation against you in their case. The old saying “silence is golden” applies whenever you are arrested. Don’t talk no matter how good you think your explanation is. It is very rare for a criminal defense attorney to be able to get statements suppressed for a Miranda violation. This is because those violations are very tough to prove. There are many exceptions to the Miranda rule.
If you are arrested, whether you give a statement and/or evidence is collected, hire a Miami criminal defense attorney to analyze your rights for you. Call Yale Galanter at (305)576-0244 or (954)524-6600 or visit galanterlaw.com.
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
Yale Galanter is a Miami drug defense attorney well versed in Florida drug laws, with experience in the following areas:
- State/ Federal Drug Possession
- State/ Federal Drug Conspiracy to Possess
- State/ Federal Trafficking Crimes
- Possession with Intent to Sell
- Simple Possession
- Possession of Drug Paraphernalia
- Possession With Intent to Sell Within School Zone
- Drug Court
- Property Forfeiture Due To Related Drug Possession or Crimes
- Drug Programs When Charged With Possession Crimes