What Happens If The Cops Do Not Read Me My Rights?
The short answer: If you are not informed of your rights when you are in custody and being interrogated by law enforcement, you may have a legal argument to have any evidence obtained as a result of that interrogation suppressed. However, it is important to know what those rights are and when law enforcement is required to inform you of those rights.
Your Rights in Wisconsin
Your rights when it comes to interactions with law enforcement are very important. Everybody needs to know what their rights are and when to exercise those rights. These rights are based on the Fifth Amendment of the U.S. Constitution and are commonly known as Miranda Rights. Following a landmark decision by the United States Supreme Court in Miranda v. Arizona, law enforcement in Wisconsin and across the U.S. must inform individuals who are in custody and are being interrogated of their rights. Those rights are as follows:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to talk to a lawyer and have him or her present with you while you are being questioned.
- If you cannot afford to hire a lawyer, one will be appointed to represent you before questioning if you wish.
- You can decide at any time to exercise these rights and not answer any questions or make any statements.
Will My Case Get Dismissed If I Am Not Read My Rights?
If you are in custody and being interrogated law enforcement is required to inform you of your rights. In fact, a prosecutor must show they complied with Miranda before they can use that evidence against you at trial. Unfortunately, a violation of your rights does not mean your case is going to be dismissed.
Madison, WI Criminal Defense Attorneys Protecting Your Rights
If you believe your rights have been violated we can help. Anderson & O’Connell, S.C. have been focusing solely on the practice of criminal defense in Wisconsin for years. We know when law enforcement is required to inform you of your rights, and more importantly, we know how to address the issue when your rights have been violated. Whether you are facing a felony or a misdemeanor our attorneys can help. Contact us today for a free consultation.
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The United Statese Constitution gives everyone the right to remain silent, to an attorney, and the right to have an attorney appointed to represent you in court or while being questioned. This is true in Wisconsin and if your rights have been violated, contact a Wisconsin Criminal Defense Attorney to see what remedies are available. When you hire one of the attorneys at Anderson & O’Connell, S.C. you can relax knowing that if they can challenge anything in your case they will. Contact us today for quality legal advice.