In most cases the answer is NO. The police do not have to read you Miranda rights unless you are in “custody”. This normally means you are handcuffed and in the police station or a police unit. However, they do not have to read you the Miranda warnings unless they intend to question you. If they do not question you after you are in “custody” they do not have to read you the Miranda warnings.
Even if the police fail to read you the Miranda Warnings this does not mean in most cases the charges are dismissed. The “penalty” for not reading the Miranda warnings is that if you should have been “mirandized” and you are not then the District Attorney cannot introduce into evidence in their case against you any statement you made to the police. However, this does not prevent them from introducing the remainder of the evidence against you in an attempt to convict you. If they can convince 12 jurors of your guilt without using any statement you made then you can be legally found guilty even if the police violated your rights in not reading you the required warnings.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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