Although Miranda Rights are not required to be read in order for criminal charges to be upheld, they must be read if the statements made by an accused during a custodial interrogation are to be used. If Miranda warnings were not properly given and waived by the accused, then any statements made during that interview will not be admissible.
When a person is accused of a crime, the law enforcement officers investigating the case may question the accused without reading them their Miranda Rights. This is because statements made during a consensual interview, where the accused feels free to leave at any time, can be used as evidence against them.
However, statements made spontaneously or in response to questions asked by someone other than law enforcement are often not protected by Miranda Rights. Therefore, these statements are admissible without Miranda warnings being read. In general, an expert criminal defense attorney always advises clients not to talk to law enforcement without first talking to an attorney.
A defendant’s statements to law enforcement can often be used against them, but there may be motions to suppress available to defeat or exclude such statements from evidence, depending on the circumstances.