The 5th Amendment to the United States Constitution protects an individual against incriminating him/herself against self-incrimination. The 5th Amendment only protects someone against interrogation by Government Authorities when a person is “in custody”. Unfortunately, bad Court Decisions have peeled back the protections of the 5th Amendment.
Many people complain to me that the Police didn’t “read me my rights”. Miranda Warnings are only necessary when the Government plans to use a statement from a defendant against the defendant at trial. If the defendant didn’t make a statement, or if the Government doesn’t plan to use that statement at trial, then Miranda Warnings don’t apply. The simple fact that Law Enforcement didn’t read someone their rights will NOT result in an immediate dismissal of a Criminal Charge.
However, it is important to hire a lawyer who knows how to be sure that any illegally obtained statement is kept out of any potential trial.