"Know Your Rights Tuesday" Answer - 10/7/25

"If a police officer knocks on your door and asks if you would be willing to speak to them, can they use your statements against you in court if they didn't read you the Miranda warnings?"

Yes, they can! It's one of the many tricky legal questions that come about any time a person speaks to law enforcement. That's why it is so important to have a lawyer by your side if you are speaking to the police during a criminal investigation.

To understand why the statements can be used against you, let's start by explaining the Miranda warnings. Almost everyone is familiar with what they are from TV: "You have the right to remain silent. Anything you say can be used against you as evidence in a court of law. You have the right to have an attorney present during questioning, and if you cannot afford an attorney, one can be appointed for you." Many people hear those words and smartly exercise their right to stop talking.

But, one thing many people do not understand is that the police only have to read you these rights if you are in custody. So, in our question, where the police come to your house and ask you to voluntarily speak with them, you are not entitled to the Miranda warnings because you are not in custody. Even if you know you are the prime suspect when talking to the police - if you are not in custody, you are not entitled to the Miranda warnings.

Police officers know this and often use it to their advantage. Instead of making an arrest and reading you the Miranda warnings (which often leads to defendant invoking the right to remain silent), savvy cops may attempt to ask subtle questions that may incriminate you prior to arrest, so you feel comfortable answering. This is one reason it is a good idea to always have an attorney by your side when you are speaking to the police!

You should know that a good defense attorney can often turn the tables on the situation. There are multiple examples of cases where a good defense attorney has successfully argued that a person was in custody (therefore entitled to Miranda warnings) even though that person had not been told they were under arrest or placed into handcuffs. An experienced attorney can quickly evaluate your case and come up with the best strategy for defending your case!

Interesting fact: These are known as the Miranda rights because they were first articulated in the 1966 United States Supreme Court case Miranda v. Arizona, which involved a man of limited intelligence named Ernesto Miranda who gave a full, written confession to police after being interrogated in a police station for hours. The Supreme Court threw out his original conviction because the State used his confession against him at trial, even though he had not been made aware of his rights. Unfortunately for Ernesto Miranda, after the Supreme Court came to his rescue, the State re-tried him on the same charge but did not introduce his confession at trial, and he was convicted again.

If you ever find yourself subject to questioning by the police, or if you are involved in a case where you believe your Miranda rights were violated, call the Law Office of Michael V. Leeman, P.A. at (239) 281-0896. We can help you navigate the situation and come up with the best strategy!