Most people are familiar with Miranda rights because of films and TV shows focusing on criminal law. Unfortunately, these dramatic depictions lead to widespread misconceptions about what the Miranda warning is and when police officers are required to recite it. Here are some questions defendants often have about being read their rights.

What You Should Know About the Miranda Warning

When are police required to recite the Miranda warning?

Any time an individual is being detained, law enforcement is required to inform them of their rights. This applies whether you’ve been placed under arrest or held for questioning at the scene of a crime.

Will the charges be dismissed if the officer doesn’t give a Miranda warning?

Contrary to TV shows and movies, an officer’s failure to properly Mirandize a suspect does not mean they’re free to go. Police and prosecutors will still conduct an investigation and gather evidence, which will likely include another interrogation.

What does happen if police fail to inform me of my rights?

In most cases, any statement made to the police before you’ve been given the Miranda warning can be challenged in court by your criminal defense attorney. However, this may not apply to information you provided before you were actually detained.

How do I know if I’m being detained?

Police officers will often put off arresting a suspect as long as possible in the hopes they’ll make an incriminating statement that can be used in court. If you’re stopped by the police, simply ask whether you’re free to go. If not, they’re required to read you your rights, and you’re allowed to have a criminal law attorney present.

For over 20 years, the criminal defense attorneys at Craven & Perry, PLLC, have been providing people throughout Gulf Shores, AL, with the aggressive representation everyone deserves. If you’ve been charged with a crime, they’re committed to protecting your rights and achieving the best possible outcome for your case. Visit their website to learn more about their criminal law services or call (251) 968-8170 now to schedule your initial consultation.