When under custody pending police interrogation, the police are supposed to read your Miranda rights. They are meant to ensure that you are aware of your rights before responding to any questions.
Remember, Miranda rights do not go into effect until you are under arrest. If you are not under arrest, the police can ask questions but must inform you that the questioning is voluntary and that you are free to leave if you wish to. In such an instance, the information you provide can be admissible in court.
Your Miranda rights explained
First, you have the right to remain silent and refuse to answer questions concerning your case or why you are under arrest. If the police inform you of your right to remain silent, but you provide incriminating information, it may be used against you in court without being considered compelled self-incrimination.
The second part of the Miranda warning and perhaps the most crucial is your right to legal representation. Navigating the complex judicial system can be difficult, and assistance is recommended. It is advisable to invoke your right to remain silent until you hear from your attorney.
What happens if the police do not read your Miranda rights?
In some cases, the evidence the police obtain from you may not be admissible in a court of law if you were not read your rights. Law enforcement officers must follow the correct legal procedures after arresting an individual. Although there are exceptions, reading your Miranda warning pending custodial interrogation is an important step of the judicial process.