When does Miranda apply? Or, “The police did not read me my rights!”

Or “The police did not read me my rights!”

In Miranda v. Arizona the United States Supreme Court held that prior to any in custodial interrogation an individual must be advised that: (a) you have the right to remain silent; (b) that anything you say can and will be held against you in a court of law; (c) that you have the right to an attorney, and (d) that if you cannot afford an attorney one will be appointed to represent you prior to any questioning.

If the police do not advise you of your Miranda rights, that does not mean that you cannot be arrested or prosecuted. Miranda only serves to exclude any statements made by you while in custody and in response to police questioning.

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