Fort Lauderdale Criminal Defense & Personal Injury Attorneys
When Am I Supposed to Be “Read My Rights”?

When Am I Supposed to Be “Read My Rights”?

To answer your question upfront: you have to be read your Miranda rights before the police formally question you. That could be in an interrogation room, the side of the road, or anywhere between. If police wants to use your words as evidence, then you need to know your rights.

Now, on TV crime dramas, suspects are usually read their Miranda rights while they’re being handcuffed, so this has led many people to believe that Miranda rights have to be read during an arrest. This is simply not true (TV crime dramas also portray defendants as one tough question away from a tearful courtroom confession…so perhaps avoid using TV as a source of legal information).

We gave you the upfront answer, but have you wondered why police officers have to read your rights in the first place?

Where Miranda Rights Came From

In 1963, Ernesto Miranda was taken into custody on suspicion of kidnapping and rape. He was placed in a lineup, and afterwards police officers implied (to him) that he was positively identified by the victim. Unaware of his right to an attorney or to remain silent, Ernesto confessed to kidnapping and rape and positively identified the victim to the officers. The victim identified Ernesto afterward.

He was then instructed to write his confession, signing a document that he had given his confession without coercion and with “full knowledge of [his] legal rights.” He was represented by a 73-year-old lawyer on the verge of incapacity named Alvin Moore, and was sentenced to 20-30 years.

The legality of his confession was questioned in a landmark Supreme Court case in 1965 (Miranda v. Arizona) that ruled that suspects must be informed of their rights prior to being questioned about their alleged crimes. That’s why—whether it’s on TV or in real life—officers will recite your “Miranda rights” during or after arrests. For the record, Miranda was tried a second time without his confession, and was convicted a second time.

So, Does My Arrest Not Count If I Never Heard My Miranda Rights?

Sorry—if your arrest was preceded by probable cause, you were lawfully detained.

If you read the above story closely, your Miranda rights have nothing to do with police being able to arrest you—it protects you if the police want to question you. The writers of the Constitution intended to protect citizens from saying anything that could incriminate them in a crime—it was a way to prevent people from confessing to crimes unwittingly. The Miranda rights are a reminder of that fact.

We have helped our clients get their cases dismissed or their charges dropped for many reasons, but none of them were dismissed because their Miranda rights weren’t read during their arrest. However, if you were never read your rights before being questioned, that is grounds for not admitting your words as evidence. It may not result in dismissal, but it reduces the evidence used against you—which makes a difference.

If you have any other questions about your criminal case, call (954) 543-1788 today to speak with our criminal defense attorneys in a free consultation—or fill out our short online form!

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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
  • “Their great efforts got us the most unexpected, but amazing outcome for what we were up against.”

    M.C.

  • “Professional, Reliable and Supportive”

    DG

  • “I would recommend them to anyone that’s looking for someone that really cares!”

    R.N.

  • “You were so very wonderful in court.”

    P.M.

  • “It's nice to know that you actually cared and it didn't seem like this case was just another folder.”

    John J.

  • “They Were There with Me Every Step of the Way”

    Dan

  • “I Was Able to Have My Name Cleared”

    Domestic Violence Client

  • “If anyone, family or friends, should get into trouble we know who to call!”

    Parent of Charles C.

  • “In My Eyes, He's the Best”

    Greg

  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “A great legal team”

    A. T.

  • “Provided a High Level of Support & Skill”

    DUI Client

  • “Outstanding”

    Jonathan mujica

  • “Worked with me through every step of the case and got my name cleared!”

    N.S.

  • “If I would need your service in the future I will definitely reach out to you again no matter the distance.”

    A.M.