Can A Police Officer Arrest You Without Reading Your Rights?

6 October 2020
 Categories: Law, Blog

If you've ever watched a TV show about cops, you've probably heard them read the suspect their rights as they place on the cuffs. It makes for good TV, but it's not exactly what always happens in real life. Here's what you should no.

Do the Police Have to Read You Your Rights?

The simple answer is that police don't have to read you your rights. Not reading you your rights doesn't invalidate the arrest or the charges against you. The police can still take you to jail, the judge can still set bail, and the jury can still find you guilty.

Why Do the Police Read You Your Rights?

If the police can arrest you without reading you your rights, you may be wondering what your rights do for you. Remember what your rights are. You have the right to remain silent and the right to have an attorney present during questioning.

Your rights are about the police asking you questions, not them arresting you. If they don't want to ask you questions, they can arrest you without reading you your rights. If they do want to ask you questions, they have to read you your rights.

What Happens if the Police Don't Read You Your Rights?

If the police don't read you your rights, it doesn't affect your arrest, but it can affect what they can use in court. One of the warnings they give you is that anything you say can and will be used against you in a court of law. If they don't give you that warning, they can't use what you say in court.

For example, if you confess to murder when the police question you but they forgot to read you your rights, the jury will never get to hear your confession. The police can still prove the case using other evidence such as witnesses and forensics.

Can You Beat Your Charge if the Police Didn't Read You Your Rights?

The police not reading your rights can help you beat your charge. If they violated your rights and can't use what you said, they may not have enough other evidence to prove the case against you. It really varies by case and what they were able to find, so this is something you'll want a lawyer to look into.

To learn more about what you can do if a police officer didn't read you your rights, contact a local criminal defense lawyer today.