“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just ready to you? With these rights in mind, do you wish to speak to me?”
If you have ever watched Law & Order, you have heard most of these words before. But what do they mean for you in the event you are pulled over, approached or taken into custody by police?
Who Reads the Miranda Rights?
Miranda rights are read by police officers, investigators and other law enforcement officers before interrogating a suspect in police custody.
What Happens if They Fail to Read Your Miranda Rights?
Failure to read your Miranda rights – or “Mirandize” you – could become an issue in your criminal case. Failing to Mirandize you will not likely result in the charges against you being dropped or your case being thrown out of court. Your best bet is to seek the representation of an attorney whether you have been Mirandized or not.
When Are Officers Required to Read Miranda Rights?
They are required to read your rights to you when you are in police custody. The reading must take place before interrogating you. An officer knocking on your door or pulling you over in traffic does not have to read your Miranda rights because you are not in police custody and can choose not to speak to them.
Why is Miranda So Important?
These rights are crucial, and it is important to exercise them. Staying silent until you speak to an attorney is the best course of action you can take when in police custody. You need an experienced defense attorney limiting your exposure to criminal penalties and focusing on protecting your rights.
At Birdsall Obear & Associates LLC, we have decades of experience aggressively defending the rights of individuals in hundreds of cases from all over the State of Wisconsin from our two main offices in Milwaukee and Sheboygan. Contact us today for a free consultation.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
Our defense lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Ours is simply the best criminal defense law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.