Articles Posted in Constitutional Rights

“I wasn’t read my rights when I was arrested. Was the arrest legal?” “Can I be prosecuted if I was never read my rights?” This issue comes up often when people have their first contact with the police or are arrested. In fact, we are often asked questions related to this scenario after a client or their loved one has been arrested or charged with a crime. Here at Hofland and Tomsheck, we want to clear up any confusion related to the legality of reading ones rights as we fight to put unfortunate situations such as this behind clients or their loved ones.

When do the police have to read me my Miranda rights?

You have probably all watched a television program where the police take their suspect into custody. What do they always say? “You are being arrested for the Murder of Mr. Jones. You have the right to remain silent. Anything you say can and will be used against you. You have a right to an attorney…” In the world of television, the scene usually cuts and all of a sudden the lawyers are in Court with the suspect. In the real world, the workings of a person’s rights such as these, called Miranda rights, are much different. The name Miranda rights, comes from the 1966 United States Supreme Court case of Miranda vs. Arizona. In that Continue reading