If a officer don't read your rights, how should the case be handle?

Answer 1

They only have to read you your rights if you are in custody and they intend to question you, otherwise, there is nothing to handle, your rights haven't been violated.

Answer 2

The only time police are required to read a person their Miranda rights are:
A) The subject is under arrest, AND
B) The subject is being questioned by police.

If both of these factors are not present, then anything said by the defendant can be thrown out in court. This does not mean the case will be dropped unless the case hinges on a confession made by the defendant after he was arrested and during interrogation by the police.

The Miranda rule does not apply to someone who has not been arrested, but is being questioned by police; or to someone who has been arrested and makes a voluntary statement without being questioned by police.

Your question does not state whether you were arrested and charged with a crime (I'm assuming you were). If you were questioned by police AFTER you were arrested and was not Mirandized, then anything you told them can be inadmissible in court. If they have other evidence against you, this may be a moot point. In fact, if there is enough evidence, then questioning may not be necessary and probably not done. In such a case, the officer is not required to read you your rights.

Answer 3

You only need to be given your miranda rights when:
1: The person has reason to believe they are not free to go. ex. they are under arrest OR detained.

2. They are being questioned about a crime

If somebody volunteers info outside of Miranda then it will be admissable in court. Often times there is no need for an officer to Mirandize somebody to make a case.

Answer 4

An officer is only required to give you a Miranda Warning if he/she intends to question you. This excludes any biogrphical information such as your name, age, address, etc. things that cannot be considered in determining guilt or innocence.

If an officer asks you a question and has not read you your rights and you have not waived them. Any information he gathers is considered inadmissible evidence.

HOWEVER ANY INFORMATION WHICH YOU VOLUNTARILY REVEAL WITHOUT BEING QUESTIONED IS CONSIDERED A "SPONTAENEOUS UTTERANCE" AND IS ADMISSIBLE EVIDENCE IN A COURT OF LAW.
These commonly come out when a suspect is in a rage or crying...
"I didn't mean for anyone to die"
"He was asking for me to hurt him"
"it was an accident, i didn't mean to run him over"

Answer 5

The case should be considered a miss trial. The officer HAS TO give you your rights of Miranda.

Answer 6

If an officer is going to question you they need to read you your rights. If they don't any info you have given to them may not be usable in court.

Answer 7

As if any American who has watched any television at all cannot recite verbatim the Miranda.

By the time you reach adulthood at 18, you've probably heard it hundreds of times.

That's why I find it so ridiculous that people would even consider this a technical out.

Answer 8

If you are not read your miranda rights, anything incriminating you could have said will not be admissible in court. It is a necessity for them to read you your miranda rights before interviewing you so they can use any statements you make as evidence in court.

Answer 9

DID YOU MAKE ANY STATEMENTS? IF SO THEY CAN'T BE USED AGAINST YOU IN COURT. IF DIDN'T MAKE ANY STATEMENTS THEN YOU DON'T HAVE TO WORRY. THE POLICE WILL SAY THAT THEY MIRANDIZED YOU ANYWAY. IT'S A HARD SELL. THE CASE WILL GO ON LIKE ALWAYS.

Answer 10

It's not necessary for the arresting officer to read you your rights. The Miranda Rights will be read to you in court.