Miranda rights are to be read after a person is arrested. Most police wait as long as possible to arrest in order for a suspect to say as much as possible. After arrest, if the police want to talk with you, they must read the Miranda rights.
If Miranda is not read, the consequence is that the statements made by the person arrested cannot be used at trial. Your case will not be dismissed. However, if the defendant wants to testify at his own trial the statements can still be used against him for impeachment purposes.
The best thing a person can do when being confronted by the police is to ask for a lawyer and say nothing regardless of whether or not you are under arrest.
If you have been arrested, not read your Miranda rights, and made statements to the police, contact Phoenix Criminal Defense Attorney Aaron Black at 480-729-1683 for a free consultation at 480-729-1683.
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