What if the Police Do Not Read Me My Miranda Rights During an Arrest in Maryland?

Getting arrested is not something anyone wants to happen to them. It is a scary experience, and some people may not know what to do. Some may blurt out everything all at once, but other people may be aware that police officers need to let them know about certain rights they have while in custody. These are called Miranda rights, and among them are the right to remain silent and the right to legal counsel.

In Maryland, police do not need to read Miranda rights to you when you get arrested. However, you will need to have them read to you if you are to be interrogated while in custody, at which point you should invoke your right to remain silent and your right to an attorney immediately.

For a free, totally confidential case review, call Rice, Murtha & Psoras’s Maryland criminal defense lawyers at (410) 694-7291.

Are the Police Required to Tell You About Your Miranda Rights in Maryland?

In Maryland, police are not required to read you your Miranda rights at the time of arrest. However, you must be “Mirandized” if the police want to conduct any kind of interrogation after an arrest. You will likely even be given a form indicating that you have either acknowledged your rights under Miranda or have chosen to waive them.

What Happens if the Police Do Not Read Me My Miranda Rights During an Arrest in Maryland?

Unlike what movies, television, and other media may lead you to believe, the police do not read you your Miranda rights when you are arrested. Accordingly, there will be no consequence to them if they do not read you your rights at the time you are arrested. If you say anything incriminating at this point in time,

However, they do need to read you your rights prior to any custodial interrogation. If the police do not Mirandize you at this time, our Baltimore criminal defense lawyers can file a motion to suppress whatever was said during that interrogation before you were given your Miranda rights.

Miranda v. Arizona: The Origin of Miranda Rights

The origin of Miranda rights lies in the Supreme Court case Miranda v. Arizona. In that 1966 case, Mr. Miranda was arrested for allegedly kidnapping and raping an 18-year-old girl. The police arrested him, interrogated him, and obtained a signed confession stating that Mr. Miranda in fact did the crimes he was accused of. However, at no point during this whole process did the police inform Miranda of his rights under the Constitution to not self-incriminate. Miranda was also not told he had the right to have a lawyer represent him in court. The police also did not tell him that they planned to use his confession against him as evidence.

Because of these oversights, the Supreme Court held that the evidence was obtained through coercive means and could not be used in court. The case further states that an individual can invoke their right not to be interrogated or coerced into giving any information about the alleged crime should they choose to remain silent.

Miranda ultimately was convicted at a new trial in the lower courts but without the use of the evidence that was incorrectly obtained.

Your Miranda Rights Explained

Miranda established a set of “Miranda rights” that every individual has when in police custody. Our Columbia criminal defense lawyers have laid out an explanation of each right and statement in detail below so that you have a good grip on what your rights are.

Right to Remain Silent

The right to remain silent is arguably the core of a citizen’s Miranda rights. This is exactly what it sounds like. You do not need to say anything to police officers if you do not want to. Ultimately, this right stems from a citizen’s Fifth Amendment right to not incriminate themselves under the United States Constitution.

What You Say Can Be Used Against You

The phrase “anything you say can and will be used against you in a court of law” frequently comes to mind when talking about Miranda rights, and that is because it is true. Any statement you make to a police officer pertaining to a crime you are suspected of committing may pop up at trial later down the line.

It is important to note that “anything” truly does mean anything can and will be used against you. Even innocuous statements like, “I didn’t know that was illegal,” or, “I should have done something else,” will be used as evidence by the prosecution to try and prove that you committed a crime. For the best possible outcome of your case, it is imperative that you say nothing at all to law enforcement until you have an attorney present.

Right to Counsel

Your Miranda rights also include the right to legal counsel, regardless of your financial means. The law recognizes that lack of professional legal representation seriously limits a party’s chances of a fair trial. Therefore, you are allowed to request a lawyer of your choosing to be present during a police interrogation. If you can’t afford a lawyer, you can have one appointed to you for free. If the police try to interrogate you without a lawyer present, they are doing something that is not allowed.

However, that does not mean some officers will not try. In those instances, it is best to emphatically state that you wish to have legal counsel and not give any other statements until our lawyers are present.

Speak to Our Maryland Criminal Defense Lawyers Today

Rice, Murtha & Psoras has Ocean City, MD criminal defense lawyers ready to talk about your case when you call us at (410) 694-7291.