There is a common misconception that you have a right to hear the Miranda warnings anytime you are questioned or arrested by law enforcement. Miranda warnings are not a right, but a safeguard for you so that a future judge can determine whether or not your statements were voluntary. Here’s how it works: If an officer fails to read to you your Miranda rights, then your statements to him may be considered involuntary and inadmissible during your trial.
A common tactic among officers is to begin questioning you without reading the Miranda warning which would remind you not to speak to him or her without your attorney present. After the officer helps you to admit to some crimes, he or she will then read you the Miranda warning and then ask the exact same questions again. Although you now have been reminded that you shouldn’t have said anything, you keep answering the questions because you have already admitted culpability.
Have additional questions about Arizona laws? Contact Criminal Defense attorney, Jeremy Geigle at (480) 818-9943 for a free consultation regarding your questions.