Legal Question in Criminal Law in Missouri

Re: Rights not read during arrest

Many people have the mistaken impression that the police must "read you your rights" whenever you are arrested. Most television shows and movies perpetuate this myth. The concept actually concerns certain Constitutional rights we all enjoy that the U.S. Supreme Court set forth in a famous case against a Mr. Miranda almost fifty years ago. You know what they are: the right to remain silent, the right to legal counsel, and so forth. In cases where the police are interested in taking a statement from you TO USE AGAINST YOU and you are in custody, then the police are supposed to advise you of your rights under Miranda, and they usually obtain your written waiver of those rights. If they do not, and you are charged with a crime, your attorney may be able to have your statement suppressed (kept out of evidence) because of the violation by the police of your Constitutional rights. In cases where the police do not need to rely upon any statement from you, there is no need for them to read you your rights or obtain your waiver of those rights. Having explained all of that, there is no doubt that you should still hire an attorney to represent you on the charges against you. If you elect to represent yourself in Court, you may wind up with a conviction on your record which could be extremely damaging to you in various ways. Please be sure to consult with an attorney in your area. If you are located in the Eastern half of the state you may call me for a free telephone consultation at 314-727-2822.