Full Video Transcript
We all know by now that the police must read you your rights. They must tell you that you have the right to remain silent, that anything you say can be used against you in court, and that the you have a right to an attorney and that one will be provided for you if you can't afford one. These are your Miranda rights. You might be wondering what happens if an officer doesn't recite these rights when they arrest you? Does that make the arrest illegal?
No. While a police officer will usually give the Miranda warning when they arrest you, they don't necessarily have to read you your rights at that time. The right to remain silent means you don't have to testify against yourself - not that you can't be arrested. However, before the police question you, they must read you your rights because anything you say can be considered testifying against yourself - which is the right the constitution protects.That said, there are other things that may make an arrest illegal. So, if you've been arrested or have a question about whether an arrest was illegal - contact a criminal defense attorney immediately to protect your rights.