Did you know that Miranda Rights aren’t actually listed in the Constitution? In fact, an officer isn’t required to read you your Miranda Rights when arresting you. However, if you make incriminating statements once in custody of the police, and the officer didn’t read you your Miranda Rights, those incriminating statements might be kept out during a trial.
For example, if you are arrested for an assault charge in Wake County, and the cop does not read you your Miranda Rights, your case will not be affected unless you made incriminating statements after you were in custody. However, if you did say something that could negatively affect you and the cop did not read you your Miranda Rights, those statements might be suppressed at trial.
Failure to read you your Rights does not automatically mean your charge will be dismissed. However, you should always be careful not to talk to an officer more than you have to – you can give your name, birth date, and address, but you should never provide the police any more information beyond that. Never make any admission of guilt to the police. Instead, be polite and cooperative and refuse to answer any questions (beyond basic information) without a lawyer.
If you have been arrested in Wake County, contact the experienced criminal defense attorneys at Granados Law Group, PLLC at (919) 650-2851.