A police officer is legally required to read a person his or her Fifth Amendment rights, known as Miranda warnings – only if a person is in custody (detained or arrested) and is questioned. However, not every person that is arrested is required to be questioned. Sometimes, the police purposely do not read Miranda warnings because they hope you will say something that is incriminating that may be used against you. Or, in the alternative, the police may imply to you that if you are innocent, you have nothing to hide. The police may legally lie to you and tell you that they know the truth and just want to hear “your story”. The bottom line is that if a police officer fails to read an arrestee his or her Miranda rights and fails to obtain a valid waiver of rights, then anything you say afterward may be inadmissible in a court of law. There is a specific Motion to be filed with the Court and an evidentiary hearing is conducted where the Judge decides if the police legally obtained your statement. You should contact Fort Lauderdale criminal defense attorney Joseph Fasone for a free case consultation to learn more about your legal rights and how you should proceed.