After an arrest a lot of clients will come in telling me that the police didn’t read them their Miranda Rights, and want to know what whether that will help their case. The thing with Miranda Rights is that they don’t kick in right away. 


The cops are required by law to read you your Miranda Rights before conducting a “custodial investigation.” What does that mean? It means that you have to be in a situation where: 1) You’re not free to leave, 2) You’re being asked questions by a government agent (a cop), and 3) The questions you’re being asked would get an incriminating response out of you.  So if the cops arrest you without asking you any questions, technically they don’t have to read you your Miranda Rights.


Now, of course there are times when the cops don’t read your Miranda Rights when they’re supposed to, and that’s another reason why you need an attorney. An attorney will tell you when you’re rights have been violated based on the information you provide.