Do the police have to read you your rights when you are arrested?

We frequently get calls from prospective clients convinced that their cases must be dismissed because they were not read their rights by the police. However, a police officer must read you your rights only if you are in custody and the officer then questions you.

This is called a custodial interrogation. A person is in custody if a reasonable person under the same circumstances would believe he was under arrest and not free to leave. A person is being interrogated when the police ask questions or make statements that are reasonably likely to elicit an incriminating response from a suspect.

If you are not read your rights before a custodial interrogation, you are not entitled to have your case dismissed. Instead, your statements to the police cannot be used against you at a trial.

An experienced criminal defense lawyer will carefully review your case to determine if you have been subjected to a custodial interrogation and should have been read your rights. Of course, you should never answer police questions except for your name, date of birth and other such identification questions without a lawyer present.

With over 34 years of handling thousands of criminal cases, clients come to Steven Knecht seeking his dependable legal advice and service. His commitment to his clients has solidified his reputation for superior representation in the area of criminal defense. He puts clients at ease, explains everything as thoroughly as possible, without “legalese,” and promptly returns phone calls and e-mails.

If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.