But They Ain't Read Me My Rights!!

This is a frequent claim I hear from clients during the initial interview in my office or at a visit at a local jail. Thanks to shows like Southland and Law and Order, it's popular belief that if you are placed under arrest, the police officer must "read you your rights".

The "rights" that people are referring to are the Miranda warnings, so named from the seminal Supreme Court case Miranda v. Arizona. As a result of the ruling in that case, police are required to tell you that you have the right to remain silent, that anything you say will be used against you in court, and that you have the right to an attorney. However, those rights only apply if a custodial interrogation is taking place.

There are two aspects to that requirement - 1) You must be "in custody" and 2) You must be "interrogated." If those two requirements are not met, Miranda  does not apply, and anything you tell the police will be considered an admission and used against you in prosecution. Unfortunately, when the cop places you in handcuffs and stuffs you in the back seat of a patrol is not considered to be "in custody" under the law. This means that Officer Friendly doesn't have to read you your rights the second he slaps the cuffs on you. That only happens on TV.

The best advice I can give anyone who has been arrested or has a loved one who has been arrested is to keep your mouth shut and call an Atlanta criminal defense lawyer immediately.

Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.