We also have heard the Miranda warning:

"You have the right to remain silent."

"Anything you say can and will be used against you in a court of law."

"You have the right to an attorney."

"If you cannot afford an attorney, one will be provided to you."

The police officer will then ask you if you want to speak and waive your right to remain silent.

Most people are under several misimpressions about the application of Miranda. The police officer does not have to read you your rights if they wish to interrogate you unless you are in police custody. Many times, you are not in police custody when the police officer questions you. If you are stopped for speeding and the officer asks how much you had to drink, he does not need to read you your rights. You are not yet in police custody. If you fail the field sobriety tests and are arrested, you are then in police custody.

There are many cases where the police fail to Mirandize the Defendant when they should. Many people think this will result in a dismissal of all charges. Unfortunately, this is not the case.

The failure to read you your rights while in police custody will result in all subsequent statements by you deemed inadmissible at trial. In addition, all "fruit of the poisonous tree" is also inadmissible. This means any information the police learn from the improper interview which led to other evidence is tainted and inadmissible. However, the police can still convict you using other evidence obtained through other lawful means.

For example, if you are arrested for a DUI, handcuffed, and taken to the station, any admissions you make at the station may be inadmissible if they failed to read you your rights. However, you can still be convicted from other evidence such as odor of alcohol, swaying, poor field sobriety tests, and a breathalyzer result over the legal limit.

You should always remember that you do not have to give a statement to the police regardless of whether your rights are read. You should always tread carefully because anything you say "can and will be used against you in a court of law."