Officers not reading you your rights is a major mistake, one that might force the prosecution to drop charges if their main evidence is unusable. If you weren’t informed of your right to an attorney or your right to remain silent, tell us as soon as possible. Then, even if you spoke to law enforcement, we may get anything you said thrown out.
Statements you make after being arrested during a custodial interrogation without being read your Miranda rights are inadmissible. That includes any incriminating statements and confessions. You may invoke your right to remain silent and your right to an attorney, even if the police didn’t advise you of these rights. Never waive your Miranda rights and willingly speak to law enforcement without help from a skilled attorney.
Call Overson & Bugden at (801) 758-2287 for a free case evaluation from our Utah criminal defense lawyers.
What Are My Rights During an Arrest in Utah?
Knowing your “Miranda rights,” which were defined by the Supreme Court in Miranda v. Arizona, is crucial. Invoking your Miranda rights can protect you from police questioning, and law enforcement officials should inform you of these rights in certain situations.
Miranda v. Arizona gives you the right to remain silent and the right to an attorney for any questioning that may occur. Law enforcement should explain that the state will provide an attorney for you if you cannot afford one.
The specifics of how this is worded can vary from jurisdiction to jurisdiction as long as the main points are included. Generally, the warnings are given as something close to the following: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
Knowing your Miranda rights doesn’t help much unless you invoke them. Tell officers right away that you invoke your Fifth Amendment right to remain silent and your Sixth Amendment right to an attorney.
When Do Police Officers Have to Read Me My Miranda Rights in Utah?
Law enforcement must recite the Miranda rights to any person who is brought into police custody and is subject to a “custodial interrogation.”
Whether or not a specific situation will be considered a “custodial interrogation” for the purposes of these warnings will depend on a variety of factors, including the following:
- Who was asking the questions
- Where the questions were asked
Whether physical restraints were used
This makes for a complex legal argument. So, if you were not arrested but believe you underwent a custodial interrogation scenario without the police reading you your rights, you should contact our experienced Orem, UT criminal defense attorneys right away so we can analyze your situation and help.
What Happens if the Police Don’t Read Me My Rights During a Custodial Interrogation?
Suppose you underwent a custodial interrogation with the police, and they did not read you your Miranda rights. In that case, any information that was elicited as a result of that questioning cannot be used against you in proving the prosecution’s case.
Say you are arrested and the police ask you questions in the police car on the way back to the station without reading you your rights. In that case, even if your answers to these questions implicate you in the crime, they will not be admissible evidence against you. The same would apply to any interrogation at the police station or to any situation that meets the legal definition of a custodial interrogation if officers do not read you your rights.
Suppose the police were not asking you questions but you simply blurt out something like “I did it!” In that case, your statement may be admissible, whether or not you were read your rights.
You may still invoke your right to an attorney and your right to remain silent, even if the police didn’t read you your Miranda rights before a custodial interrogation.
Do the Police Always Need to Read Me My Rights?
While reading individuals their Miranda rights is mandatory in some situations, it is not necessary in others. For example, the police don’t have to read you your rights during non-custodial interrogations, such as the police questioning you at the scene of the crime before arresting you and you voluntarily answering them.
Additionally, the police do not need to read you your rights before asking standard booking procedure questions because that is not considered an interrogation. They also do not need to read someone their rights when questioning them during a public emergency, like during a hostage negotiation, because there is no custody.
What if I Waive My Miranda Rights After an Arrest?
Never waive your Miranda rights during a custodial interrogation in Utah. Once you do this, police officers can keep questioning you without an attorney present. Detectives may claim that waiving your Miranda rights and speaking to them lets them help you. Remember, their goal is to penalize you for an alleged offense, not to help you.
While law enforcement may not question you once you invoke your right to an attorney, they can use any information you willingly provide. So, in addition to invoking your right to an attorney, invoke your right to remain silent until our lawyers arrive. Ignore any attempts to get under your skin and provoke you, and wait to speak to our criminal defense attorneys.
This information will be able to be used against you in the future, which is why it is critical to exercise your right to remain silent even before these warnings are given and to contact a skilled Utah criminal defense lawyer like those at Overson & Bugden so we can be by your side for any interrogation.
What Should I Do if the Police Didn’t Read Me My Rights?
Even if the police didn’t read you your rights, you can assert your right to an attorney and your right to remain silent regardless.
Suppose police didn’t read you your rights and held a custodial interrogation. In that case, anything you said during it may be inadmissible in court. Don’t panic if statements you made implicate yourself; let us work to get them thrown out.
When our Utah criminal defense lawyers ask whether or not police officers read you your rights before a custodial interrogation, be candid. It’s in your best interest to alert us to these types of violations, as they might substantially weak the prosecution’s case.
What if the Police Violated My Rights in Utah?
On top of the right to be read your Miranda rights, you have other rights that protect you from certain actions by law enforcement. If the police violated your rights in other ways, such as by searching your property without a warrant, your permission, or probable cause, tell us right away.
Using threats, force, or other means to coerce an unlawful confession also violates your rights. We may be able to have a coerced confession thrown out, so the prosecution can’t use it against you.
Being unlawfully detained, arrested without a warrant or probable cause, or denied access to an attorney are other examples of your rights being violated. Report any of these transgressions to our lawyers when we handle your case. Since evidence obtained through violating your rights is inadmissible, blocking it from being used at trial might compromise the prosecution’s case, convincing them to drop the charges.
How a Lawyer Can Help If the Police in Utah Failed to Read Your Rights
If your rights were not read, our lawyers will make a motion to exclude any statements made after the arrest and at the beginning of the custodial interrogation as a result of it being the “fruit of poisonous tree.”
If this motion is granted and your statements were the main evidence in the case, the prosecutor may be inclined to simply drop the charges. If other evidence remains but it is weak, we may be able to work out a deal with the prosecutor, such as entering a plea in abeyance, having the charge downgraded to something less serious, like from murder to manslaughter, or the prosecutor recommending a lenient sentence in exchange for you pleading guilty.
If the prosecutor does not offer a satisfactory deal or you simply are not interested in taking one, our skilled trial attorneys are ready and able to fight for your innocence at trial, where your statements should not be admissible.
If the Police Did Not Read Your Rights to You, Consult with Our Skilled Utah Attorneys Today
Call Overson & Bugden at (801) 758-2287 for a free case review from our Utah criminal defense lawyers.
