If you or someone you know has been arrested, there are some basic things you need to know. First, just because a police office arrested you, took you to jail and did not read you your rights, it does not mean you'll be free to go or be able to sue the police department. The most that will happen is the judge will not allow the evidence the police officer illegally obtained to be used in court. Police officers only have to tell you your rights (give Miranda warnings) when they are questioning you while you are being detained.
However, what does it mean to be "detained"? Being detained means more than being locked up or placed in handcuffs. Legally, being detained simply means having your freedom of movement being restricted. If you are not free to leave, you are being detained. If a police officer asks you questions while you are not free to leave, then the police officer must give your Miranda warnings. The Miranda warnings are simple:
You have the right to remain silent.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
The thing an accused person has to watch out for is when a police officer attempts to get a suspect to waive his or her Miranda rights. It is not uncommon for a police officer to get a person to sign a piece of paper where the person gives up his or her rights. Miranda rights can be reinstated anytime, but it will be hard to prove you orally asserted your Miranda rights to be reinstated when it is your word against the police officer's.
Police officers will give Miranda warnings to a suspect, then keep getting the suspect to talk. That is when it is time for a suspect to "lawyer up".
The right to an attorney has be asserted by the suspect. It has to be clear. You cannot say, "I think I need a lawyer." "Do I need a lawyer?" You need to say, "I want to speak to an attorney." You then must be silent other than to insist on speaking to an attorney.
You must use your right to remain silent.
The police officer wants to solve their case, not be your friend. The police officer knows how to get around the 5th amendment so any statement will be used against you in court.
Basically, if you have been arrested, stay silent and insist on having an attorney and only speaking when the attorney is present. And of course, do not ignore your attorney's advice.
If the cops do arrest, charge and book you, stay silent even in jail. A police officer is allowed to get a jailhouse informant to sit with you and get you to talk about your crimes. Those statements can and will be used against you in court. A jailhouse informant does not have to let you know about your rights.
It is every citizen's responsibility to know and understand their rights.
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