Was it legal for my son to be arrested but never read his rights?

Full question:

My 17 year old son was arrested for underage consumption of beer. He was never read his rights when they took him to the station in their patrol car. Does that matter? He told me this as soon as I picked him up that night.

  • Category: Criminal
  • Subcategory: Minors
  • Date:
  • State: National

Answer:

Miranda warnings are required warnings the police have been required to recite to an arrested person, involving the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." Miranda warnings are required to be given after being taken into custody and before questioning by authorities. A person who has been taken into custody and not been given a Miranda warning may have any statements or confessions they made excluded as evidence in their prosecution.

Different versions of the warning exist, but the following is a standard version:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

You cannot typically sue solely because a police officer did not read you your Miranda rights. The failure to provide these warnings may affect the admissibility of any statements made during interrogation, but it does not invalidate an arrest or lead to a civil lawsuit. However, if the lack of warnings resulted in a violation of your rights that caused harm, you might have grounds for a lawsuit. It's best to consult with an attorney for specific advice regarding your situation.