What happens if the police didn’t read me my rights?

On television you typically hear the police advise a person being arrested of their rights (known as Miranda rights) as they are being handcuffed. This is not how it happens in real life. In fact, the police are not required to advise an arrested person of these rights at all. The police do however have to advise a person in police custody or under arrest of these rights if they wish to question that person. Any person in custody or under arrest being questioned must be told that there is a right to remain silent and that if requested, there is also a right to have an attorney present throughout any questioning. Unfortunately, the failure of the police to advise a person in custody or under arrest of this constitutional right does not automatically mean that a criminal case will be dropped. It does however mean that one of our experienced criminal defense attorneys will have an opportunity to have any statements made or any evidence gathered as a result of this violation of your constitutional right found inadmissible in a court of law.

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