In the state of Georgia, the police must tell you your Miranda rights at some point when you’re in custody. If they don’t, the judge might end up throwing your case out of court. However, if the police fail to read your rights when they arrest you, that doesn’t automatically mean that you’ll win the case.
When do the police have to tell you your Miranda rights?
Contrary to popular belief, criminal law doesn’t state that the police have to read your Miranda rights as soon as you’re arrested. You could bring this up with your criminal defense attorney, but they might not be able to do anything if the police did read your Miranda rights at some point.
Officially, the police must read your Miranda rights before they start interrogating you. This could happen some time after you’ve been arrested. If they don’t read your Miranda rights before the interrogation, you might be able to get your case thrown out in court. Since the police didn’t read you your rights, your attorney may argue that you had no idea that you had the right to remain silent. As a result, anything that you said might be considered invalid.
Before interrogation starts, the police must tell you that you have the right to remain silent and the right to have an attorney. They should also tell you that anything you say might be used against you in court. If the police read your rights, the judge may rule that you acted voluntarily. If they didn’t read your rights, the judge might rule that you couldn’t have acted voluntarily because you weren’t aware of your constitutional rights.
Is everyone entitled to an attorney?
No matter what you’re being accused of, everyone is entitled to an attorney. You’re also entitled to a fair trial that adheres to the U.S. Constitution as well as state laws. If the police violated your rights, the judge might throw out your case regardless of the evidence involved. An attorney may help you fight for your rights and keep the prosecution from taking advantage of you.
