If you’ve been arrested in Michigan—whether in Birmingham, Detroit, Royal Oak, Southfield, or Bloomfield Hills—you’ve probably heard about your “Miranda rights.” These include the right to remain silent and the right to an attorney. But what happens if police officers fail to read you these rights? Can your case be dismissed? The experienced civil rights and criminal defense attorneys at Latham Law Group explain how this crucial protection works—and when it matters most.

What Are Miranda Rights?
Miranda rights come from the 1966 U.S. Supreme Court case Miranda v. Arizona , which established that law enforcement must inform individuals of their constitutional rights before a custodial interrogation. The warning typically includes:

• The right to remain silent

• That anything you say can be used against you in court

• The right to consult with an attorney and have one present during questioning

• The right to have an attorney appointed if you can’t afford one

In Michigan, every police department—from Detroit to Troy to Birmingham—must follow this rule once you are in custody and before questioning begins.

When Are Police Required to Read You Your Miranda Rights?
Police only need to read you your Miranda rights if both of the following apply:

1. You are in custody (not free to leave), and

2. They are about to question you.

If you’re stopped temporarily (for example, during a traffic stop) and not formally arrested, Miranda does not apply. Likewise, if you volunteer information before being questioned, that statement can still be used—even without a warning.

What Happens If Police Don’t Read You Your Rights?
A common misconception is that your entire case will automatically be dismissed. In reality, failure to give a Miranda warning doesn’t throw out the charges—but it can make certain evidence inadmissible.

If police question you without reading your rights, any statements or confessions you make may be excluded from court, meaning prosecutors can’t use them against you. This can dramatically weaken the case, especially if the confession was the main evidence.

However, physical evidence (like drugs, weapons, or stolen items) found during a lawful search is not automatically excluded, even if Miranda warnings weren’t read.

How Latham Law Group Protects Your Constitutional Rights
Latham Law Group represents clients across Michigan—including Birmingham, Bloomfield Hills, Royal Oak, Southfield, Detroit, Troy, and all of Oakland and Wayne Counties—in cases involving unlawful arrests, coerced confessions, and police misconduct. The firm’s attorneys understand the nuances of Michigan and federal constitutional law, and they know how to challenge violations effectively in court.

If you believe your rights were violated because police failed to read your Miranda warning, the legal team at Latham Law Group can review your case, file motions to suppress statements, and fight to ensure that your constitutional protections are upheld.

Common Miranda Violations in Michigan Cases

• Interrogating suspects without first providing a warning

• Continuing questioning after a suspect asks for a lawyer

• Coercing statements or confessions through threats or intimidation

• Misleading suspects about their right to counsel or silence

These violations can occur in local police stations, county jails, and even roadside interrogations throughout Michigan.

Protecting Your Civil Rights Throughout Michigan
From Birmingham to Detroit, Latham Law Group stands up for individuals whose constitutional rights have been violated by law enforcement. The firm handles complex civil rights and police misconduct cases, ensuring that citizens across Oakland County, Wayne County, and the greater Metro Detroit area receive the justice they deserve.