Q: What can happen if I wasn't read my Miranda Rights?
A: The only time this matters is if the prosecution is seeking to use a statement you made to the police after you were in custody. It only applies to custodial interrogations. So if you were in custody and made a statement to the police, and the state wants to use that statement against you in court, your lawyer can try to get the court to not allow the statement to be used against you if your lawyer can show that you were not advised of your Miranda rights or if you did not waive your rights. It's something you should discuss with your attorney to determine if Miranda applies to your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
