SPELLMAN LAW, P.C.
Based In West Des Moines, Iowa, Practicing In Central
Iowa And Throughout The State Of Iowa
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Do the police always have to read you your Miranda rights?

On Behalf of | Apr 28, 2021 | Criminal Defense |

Most people are familiar with the fact that when a person is arrested, they’re read their Miranda rights. This is a common thing that you’ll see in all criminal law television shows. However, many Iowa residents get confused when it comes to exactly when an officer has to read them their Miranda Rights.

Being read your rights after being taken into custody

Any criminal defense attorney can reveal the fact that most people have a common misconception of when they have to be read their rights. Officers are only legally accountable to read you your Miranda Rights after they take you into custody. If an officer does not read you your Miranda Rights after taking you into custody, the case can be thrown out in a court of law because they cannot use the evidence they gather after arresting you.

Miranda rights do not apply to all police interactions

Apart from being taken into custody, the police are under no obligation to read you your Miranda Rights at any other point in time. If an officer is just asking you questions and you’re free to go, you won’t be read your Miranda Rights. However, it’s important to realize that anything you do say can still be used against you in a court of law. This is an important fact to understand because police officers may typically opt for questioning you before ever taking you into custody so that they can use the information they can obtain to formulate their case against you.

While most citizens know that they have Miranda Rights, they tend to be confused about when they have to be read them. As you learned, an officer is only required by law to read you your Miranda Rights after they take you into custody. If you believe that an officer lapsed in reading you your Miranda Rights before taking you into custody, it’s advisable to speak to a criminal defense lawyer to help fight your case.