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What Happens If Police Don’t Read Me My Miranda Rights?

Posted on December 10, 2009 in General Criminal Law Issues - Northern KY

This is trickier than most people think.  If you are in a custody (under arrest) in Northern Kentucky, police must read you your Miranda Rights before questioning you.  If they do not, anything you say may be suppressed and not be allowed to be used against you.

The first question for the court is whether you were under arrest or whether you had the right to leave.  If you did not have the right to leave, it is considered a custodial interrogation.  Often if the officer already has evidence, they do not read Miranda rights.

In that scenario, they are not intending to use any of your statements and typically do not question the defendant.

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