If an officer places you under arrest and fails to read you your Miranda Rights, this does not mean that you will be able to avoid being charged or convicted for a criminal offense. It simply means that anything you told the police, prior to being read your rights, cannot be used against you in court. Miranda Rights give you the right to remain silent after being arrested and to consult with an attorney, as well as have your attorney present during questioning. If you cannot afford to hire an attorney, you will be given the opportunity to have one appointed by the court.
Public defenders traditionally are overworked and underpaid, and may have little time to devote to your defense. It serves your interests to ensure you have a top quality criminal lawyer defending you. After you have been read your rights, anything you say can and will be used against you in court. Many people have seriously compromised their defense by trying to explain, answering questions, and under pressure, making admissions, whether true or untrue. Don't take any chances – refuse to answer questions, and get a criminal attorney on your side immediately. It could make the difference between conviction and an acquittal.
Unless you are placed under arrest and taken into police custody, a police officer is under no legal obligation to read you your rights. Any information you choose to give a police officer during "pre-arrest questioning" will later be used by the prosecution should your case goes to trial. In these circumstances, it is extremely important you exercise your rights. Do not allow yourself to be talked into making statements that could lead to legal trouble in your case. Unless the officer has probable cause to place you under arrest there is absolutely no reason to answer any questions until you have spoken to your attorney about what to do.
Our law firm represents criminal cases throughout Olathe and the surrounding areas. We strongly believe that people deserve to have the highest level of legal counsel to defend their rights. Our attorneys work hard to maintain, defend and protect the rights of those we represent. Each of our lawyers is a skilled negotiator and experienced litigator who has served as counsel in hundreds of criminal cases, and we have helped countless people avoid conviction. Contact Garretson & Toth, LLC today.