by Matt Williams

Criminal DefenseFebruary 2, 20210 comments

What Happens if the Police Never Read Me My Miranda Rights?

The police do not have to read a Miranda warning every time someone is arrested.  The police are only required to read a Miranda warning if they have someone “in custody” and they intend to ask that person questions about a crime. 

For example, if John Doe has an arrest warrant for Battery and he gets pulled over for speeding, then the police officer will probably give John Doe a ticket for speeding and arrest John Doe for the outstanding Battery warrant.  If the police officer arrests John Doe for the Battery warrant but does not ask John Doe any questions about the Battery case, then the officer never has to read John Doe the Miranda warning.  In that situation, John Doe is clearly considered “in custody” after he is arrested, but the officer did not have to read the Miranda warning because he didn’t ask John Doe any questions. 

On the other hand, if Jane Doe has an arrest warrant for Robbery and she gets pulled over for speeding, then the police officer will probably give Jane Doe a ticket for speeding and arrest Jane Doe for the outstanding Robbery warrant.  If a Robbery investigator shows up at the scene to question Jane after she is arrested, then the Robbery investigator would have to read the Miranda warning.  In both situations, John Doe and Jane Doe are in custody, but only the Robbery investigator would be required to read Miranda because he is actually asking Jane Doe questions about the crime after she is already in custody.

Along those same lines, if an individual is not “in custody” then the police offer does not have to read the Miranda warning.  “Custody”, for purposes of Miranda, doesn’t necessarily mean that someone has to be in handcuffs or in a cell.  Courts will find an individual is “in custody” for Miranda purposes when “a reasonable person under the same circumstances would not feel free to leave.”  For example, if John Doe is walking down the sidewalk and a police officer who is walking near him starts to talk to him about the weather, then courts will not find that John Doe is in custody for Miranda purposes.  Under those circumstances, even if John Doe was scared and felt like he had to talk to the officer, the court will find that a reasonable person under the same circumstances would feel free to walk away.  In that situation, the officer would not have to read Miranda warning to John Doe because John Doe is not “in custody,” even if the officer decided to ask John Doe a question about a crime. 

On the other hand, if Jane Doe is walking down the sidewalk and four police officers surround her, block her path and hold a flashlight in her face, then the court will probably find that she is “in custody” for Miranda purposes.  In Jane Doe’s situation, the court will be more likely to find that she is in custody even though she is not in handcuffs because a reasonable person under the same circumstances would not feel free to walk away.  While the factual difference between John Doe and Jane Doe’s situation was not great, the fact that there were multiple officers that blocked Jane’s path would likely be the distinguishing factor.  In Jane’s situation, the officers would have to read the Miranda warning before asking her any questions since she would be considered “in custody” for Miranda purposes.

Once an individual who is in custody is read their Miranda warning, they can either elect to speak with law enforcement or ask for an attorney.  If they request an attorney then law enforcement has to stop all questioning until an attorney is present.  In most cases, law enforcement never provides an attorney and the interview never goes any further.  If law enforcement continues to ask questions then that person should contact an attorney as soon as they are able to.

If someone is arrested, detained or otherwise held in custody and questioned by law enforcement without receiving their Miranda warning then they should contact The Law Office of Matthew C. Williams immediately.  Law enforcement cannot legally question an individual who is in custody without reading Miranda, and if they do, then Attorney Williams can take steps to have the statements dismissed.  While an officer can claim they read you Miranda, they will have a difficult time proving that they read Miranda if your attorney has their body camera footage, dash camera footage or the recording of the interview.  Regardless of whether there is a recording or not, it’s important to have an attorney who will fight to prove the violation of your constitutional rights.

At The Law Office of Matthew C. Williams, we can discuss your case with you and explain your rights as it relates to Miranda warnings, any statement you made and any potential motions we can file on your behalf.  Depending on the facts of your case, we may be able to file a motion to suppress an unlawfully obtained statement.  In certain instances, we can also have your statement completely thrown out. 

Attorney Williams and The Law Office of Matthew C. Williams focus primarily on criminal defense matters and they take pride in obtaining great results for their clients.  Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, prosecutors, or the criminal justice system stand in the way of getting his clients the outcome they deserve. He obtains justice for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out how he can seek justice for you today.