You've seen it so many times in so many movies and cop shows that you can recite it by heart: "You have the right to remain silent.  You have the right to an attorney to be present during any questioning.  If you can not afford an attorney, one will be appointed for you.  If you give up those rights, anything you say can and will be used against you in a court of law."

        It's commonly called a "Miranda warning," getting that name from 1966 U.S. Supreme Court decision of Miranda v. Arizona.  (Click here to read full decision.)

        Often someone who has been arrested asks if they can have the case "thrown out" because the officer failed to advice them of their right to an attorney or to remain silent, frequently the person arrested asks this when the officer never asked them anything.

        In that case, the officer's failure to "read them their rights" makes no difference at all.

        You DO have the right to an attorney... but only if the officer is questioning you.  It is a common misconception that the officer must give you a "Miranda warning" anytime you are arrested.  This is not the case.  It's simply that if the officer fails to advise you of your right to counsel, the officer is not allowed to question you and can't use anything against you if he does question you without advising you of your right to an attorney.

        So if the officer never asks you anything.... it makes no difference that the officer never "read you your rights."  And even if the officer did ask you questions, all that will happen if the officer failed to give you the Miranda warning is that your answers can not be used against you, or evidence resulting from your answers.  To make matters worse, this generally only matters if the officer admits failing to give the Miranda warning.... and admits that in court.  And remember that the officer almost certainly knows this.... meaning many officers lie about it, and judges very seldom believe accused defendants instead of the arresting officer who says something different.

        What all of this means is that you need to protect the right yourself by not saying anything that can hurt your later.... and often that means saying nothing at all, even when you are innocent of any crime.  Click here for more on what to do if stopped or questioned by the police.

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