Do Miranda Rights Apply if They Were Not Read?
Question: Do my Miranda Rights apply even if they were not read?
Answer: Probably not because the way Miranda is interpreted, you’re in custody and you’re being interrogated. So if you make a spontaneous statement—and that would be the difference between a statement that is being asked to you while you’re in custody and being interrogated about something, versus a spontaneous statement that you just make without any questioning—that would be a big difference. But with regards to do Miranda Rights apply when they’re not read? I would probably say no, they do not apply. If you make a statement and you’re in police custody, if you just make a blurb, that’s probably going to be admissible against you. So it’s always a good idea to remain silent until being questioned, and then once questioned and read your Miranda Rights, in most instances to invoke your rights to speak to an attorney before any additional questioning.
