Miranda Rights: What happens if the Officer did not read me my rights?

This video describes what your Miranda Rights are and how they come into play during an arrest. Be sure to understand the implications of remaining silent and speaking to the police during and after your arrest.
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Hi, it's Mike DelSignore. In today's video, I want to talk about what it means to have your Miranda rights violated and explain to everybody what Miranda rights are and what they're not because it's a very common question. Somebody will call me about an OUI or a criminal charge. One of the things I'll say is the police didn't read me my Miranda rights. That can be important, and it might not be. Hopefully, it's not important because when it's important, it means that you said something incriminating. You said something bad for the case that we need to get excluded from evidence. If you're asserting your innocence, if you don't say anything that incriminates you, or if you say nothing at all, then if the police don't read you Miranda rights, there's no remedy there. There's essentially no harm, no foul, basically. You don't get anything in criminal law for just them violating some rights or doing something wrong. There has to be a consequence with Miranda.
Now, the Fourth Amendment, if they don't have reasonable suspicion or probable cause to arrest, then the case gets thrown out. If you make an incriminating statement and they don't read your Miranda rights, it can get tossed out of court.
For Miranda to apply, you need two things. You need custody and interrogation. Let's talk about custody. That's a lot of times where Miranda rights don't apply. For example, when you're pulled over by the police, and they start questioning you. They asked you, "Where you're coming from? How much do you have to drink? Can I get a license and registration?
Even when they asked you to get out of the car and do some field sobriety tests, the law has said that that's not custody yet. Police don't have to read your Miranda rights.
Miranda was a rule designed to prevent basically police coercion that would result in confessions. Basically, false confessions is a leading source of wrongful convictions in the United States.
But anyway, so the Miranda warning requires this warning. It requires the police to advise you have a right to remain silent, that anything you say can and will be used against you in a court of law. You have a right to an attorney present during questioning, and you have a right to an attorney. You have a right to a lawyer if you can't afford a lawyer, and you have a right to stop questioning if you start answering questions and request a lawyer.
Let's say you made an incriminating statement. The first thing we want to do is see if you're in custody. Custody is but defined by the court as when your liberty is detained; when your freedom is limited in a manner equivalent to that of a formal arrest. Certainly, when you're arrested, you're in custody. Police have to read Miranda, but it can happen prior to that. Where is that line? When you're initially pulled over, the police don't have to read your Miranda. But after the field sobriety test, at this point, I think there's a good argument that police have to read your Miranda, even before they say you're formally arrested. At this point, they're focusing on you. It's not just an investigation. You've already done some field exercises. A lawyer can argue that you're in custody prior to formal arrest. That's an issue for a judge and for courts.
Once you have custody, then the next thing you need is an interrogation. If you're in custody and you blurt out things like, "I'm sorry. It's my fault. Go easy on me," or any statement that's not in response to law enforcement interrogation, then it would likely come into evidence. It has to be a police questioning that prompts the response.
You want to make sure, one, the warnings were read, two, that there was proof that there was custody, and, three, that there was irrigation. If you prove these things and someone's made an incriminating statement, the statement may get suppressed from evidence. That's what Miranda in a nutshell.
My name is Michael DelSignore. My passion is to help people charged with criminal charges get their life back together. I've been doing this my entire career, been focused on criminal defense. You can find my writings online. Follow me on Facebook on my UA-cam channel. I frequently post on issues related to criminal defense. You can call, text, whether you're charged with a criminal offense, or if you just have questions, 781-686-5924. It's never too early, too late to call. I'm here to help you and here to answer your questions on any area of criminal law, but especially Miranda rights.

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i google search and they say " It is important to know that custody is not limited to being in a police car or at the police station". did they violated my fifth amendment right for reading miranda rights to me at the police station?