Miranda Rights

Over the years people have asked me about their case and said that the police didn’t even read me my Miranda Rights seeming to think that will get their case thrown out of court or make it invalid.  That is just not true.  The fact of the matter is that police do not always have to read you your Miranda Rights.  There is two legal requirements for them to do so.  The first is if you are in custody.  The second is if they are actually conducting an interrogation as opposed to an investigation.  So for example, since the police know this, they will do something call a “knock & talk” where they will simply knock on your door and start talking to you.  They know that they do not have to give you your Miranda Rights and usually the people they are talking to do not know that they do not have to talk to them.  Whether or not they have to give you your Miranda Rights does not affect your rights under the Fifth Amendment to not make any statements that might incriminate you.  You should absolutely keep that in mind.  If you have any questions about what the police are there for then simply do not talk to them.  They might threaten to arrest you.  They might threaten to arrest other people.  They might make statements about evidence they have against you.  Do not fall for it.  Any statements that you make that are voluntary are going to be used against you in court.  It is better to be silent and subject to arrest than to be subject to conviction.