What really happens if the police fail to read a suspect his rights.

Many people believe that if they are arrested and not “read their rights,” they can escape punishment. Not true. But if the police fail to read a suspect his or her rights, the prosecutor can’t use anything the suspect says as evidence against the suspect at trial.

Miranda Warnings
Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), a defendant’s rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect:

You have the right to remain silent.
If you do say anything, what you say can be used against you in a court of law.
You have the right to consult with a lawyer and have that lawyer present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if you so desire.
If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

This entry was posted on Tuesday, September 1st, 2009 at 6:00 pm and is filed under Driving Under the Influence. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.