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Orlando Criminal Lawyer

The Police Never Read Me My Miranda Rights—What Happens Now?


If you watched any police procedural or detective show, you likely have a familiarity with Miranda rights. When a person is arrested, police officers are supposed to read them their rights. Unfortunately, this does not always happen in reality. You may be wondering: What are my options if the police failed to read my Miranda rights? Here, our Orlando criminal defense attorney provides a guide to the key things to know if the police never read you your Miranda rights.

Know the History of Your Miranda Rights 

Miranda rights come from the 1966 Supreme Court case of Miranda v. Arizona. In that case, a man named Ernesto Miranda was arrested in his own home and brought to a local police station for questioning. After multiple hours of interrogation, police obtained a written confession from the defendant. Police never told him that he had the right to remain silent or the right to an attorney.

In a 5 to 4 decision, the nation’s highest court ruled that procedural safeguards are required to protect the Constitutional rights of defendants. Police must tell a defendant of their rights—including the right to an attorney and the right to remain silent—before proceeding with an interrogation. Ultimately, Mr. Miranda’s confession was thrown out and not allowed to be used as evidence during the prosecution.

Important Criminal Law Tip: Miranda rights only take effect after an arrest is made. A pre-arrest statement could be admitted into court even if Miranda rights are not read. 

What Happens If You are Not Read Your Miranda Rights Today

Law enforcement officers have a general duty to “Mirandize” a person who has been placed under arrest. What happens when they fail to do so? The general rule is that what is said next—any statements made to police officers before you were read your Miranda rights—should be deemed  inadmissible at trial. Put another way, this means that any statements you made to the police cannot be used against you in court. This can be game-changing in many cases, as many defendants confess to crimes that they did not commit after being interrogated.

To be clear, police officers who fail to read a defendant their Miranda rights are unlikely to automatically exclude evidence (subsequent statements) from a trial. While the system is supposed to work that way, the reality is that your Florida criminal defense attorney generally needs to take proactive measures to get any statements made without your Miranda rights being read thrown out of court. If your rights were not read, it is crucial that you have a skilled defense attorney. 

Schedule a Confidential Consultation With a Top Orlando Criminal Defense Lawyer

At The Baez Law Firm, our Orlando criminal defense lawyer provides aggressive, reliable, and justice-driven advocacy to clients. If you were not read your Miranda rights, we are here to help. Contact us today for a completely confidential initial consultation. With a legal office in Orlando, we are well-positioned to provide criminal defense services throughout the area, including in Orange County, Seminole County, Brevard County, Osceola County, Polk County, and Lake County.

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