Mississippi Criminal and Family Law BlogGetting arrested can be scary and overwhelming—for both you and your family. Even if it’s for something small, it’s still a stressful situation. You may wonder how long you’ll be held or what’s going to happen next. A lot of people think that if the police don’t read them their rights, their charges will be dropped. But that’s not true. You can still be charged, even if your rights weren’t read to you. However, there are some limits on what the police and prosecutors can do, which we’ll explain below.
What Are Miranda Rights?
Miranda Rights are a list of rights that police must read to you if they want to question you while you’re in custody. These rights include: the right to remain silent, anything you say can be used against you in court, you have the right to a lawyer during questioning, and if you can’t afford a lawyer, one will be provided for you.
When Do Police Need to Read Your Miranda Rights?
Police only need to read you your rights if they plan to ask you questions after you’ve been taken into custody—and they want to use your answers in court. This means if you’re under arrest (in a police car, at the station, in your home, or anywhere else) and the police want to question you, they must read you your rights first.
If you’re not officially in custody and the police start asking you questions, they don’t have to read your rights yet. That’s why some officers delay arresting someone—they ask questions first, then arrest the person once they’ve gathered enough information.
What Happens If They Don’t Read You Your Rights?
If police arrest you but don’t read your rights before asking questions, anything you say during that questioning might not be allowed in court. That can be a big deal, especially if you said something that could hurt your case. So, if you’re ever in this situation, it’s best to stay quiet until you have a lawyer with you. Even if your rights weren’t read, you could still say something that makes things worse for you.
Bottom Line: Stay Silent and Ask for a Lawyer
Just because the police don’t read you your rights doesn’t mean your case will be thrown out or that you’ll be let go. You can still be arrested and charged. That’s why it’s so important to protect yourself by not talking and asking for a lawyer right away.
If you or someone you love has been arrested in Mississippi, contact Vic Carmody Jr., P.A. We have years of experience helping people fight their charges and get the best outcome possible. Being arrested is tough, but you don’t have to go through it alone. Call us today for a consultation and find out how we can help.