Miranda Rights During an Arrest in Washington State

What Happens If Police Don’t Read You Your Miranda Rights in Tacoma, WA?

Being arrested is one of the most stressful experiences a person can face. Whether it’s your first encounter with the criminal justice system or not, the uncertainty of what comes next can be overwhelming. One of the most common questions we hear at Smith & White is: What happens if the police didn’t read me my Miranda rights? The answer depends on when and how those rights were—or weren’t—advised.

If you were arrested in Tacoma or anywhere in Pierce County, understanding how Miranda rights apply to your case could make the difference between conviction and dismissal. Let’s walk through what Miranda rights are, when they matter, and how they could affect your case.

What Are Miranda Rights?

Miranda rights are a series of constitutional protections guaranteed under the Fifth and Sixth Amendments. The U.S. Supreme Court established this requirement in the 1966 case Miranda v. Arizona. When a person is in custody and subject to interrogation, the police must inform them of the following:

• You have the right to remain silent.

• Anything you say can and will be used against you in a court of law.

• You have the right to an attorney.

• If you cannot afford an attorney, one will be provided to you.

These rights are designed to protect individuals from self-incrimination and to ensure access to legal counsel.

When Do Miranda Rights Have to Be Read?

Contrary to what television might suggest, police are not required to read you your Miranda rights at the time of arrest. Instead, they are only required when both of the following conditions are met:

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

2. You are being interrogated (questioned by law enforcement with the intent to elicit incriminating statements).

If you’re arrested but not questioned, Miranda warnings may not be legally required. However, if questioning does occur while you are in custody and the warnings were not given, then what you say cannot be used against you in court.

What If Police Don’t Read You Your Rights?

Let’s be clear: your case will not automatically be dismissed just because Miranda rights weren’t read. That is a common myth. But that does not mean it isn’t important.

If your rights weren’t read and police questioned you while you were in custody, the statements you made may be inadmissible in court. This is known as “Miranda suppression.” In many cases, this can have a major impact—especially if your own words are the main evidence against you.

Example Scenario (Hypothetical):

A Tacoma resident is pulled over on suspicion of DUI. The officer arrests her after observing signs of impairment. On the way to the station, the officer asks her, “How much did you have to drink tonight?” Without having been read her Miranda rights, she says, “A few beers at my friend’s party.”

That admission could be suppressed because she was in custody and under interrogation without Miranda warnings. If the prosecution’s case depends heavily on that statement and subsequent evidence stemming from it (such as a breath test she agreed to take), a strong suppression motion could undermine the entire case.

What If the Police “Paraphrase” Miranda?

Washington law requires that Miranda warnings be clearly and accurately communicated. If the officer recites the warnings from memory but makes errors or skips essential parts, that may not meet the legal standard.

While courts do not require a word-for-word script, the warnings must include the core rights. If an officer forgets to say, for example, that an attorney can be provided free of charge, the court may rule the warning was incomplete. That could open the door to suppressing your statement.

If this happened to you, let your attorney know immediately. We can raise the issue in a CrR 3.5 hearing, where a judge decides whether your statements are admissible.

Do You Have to Answer Police Questions?

No. Other than identifying yourself, you have no legal obligation to answer questions. This applies whether or not you’ve been read your rights. Many people feel pressured to explain themselves, hoping to “clear things up.” Unfortunately, this often backfires.

The safest course of action is to politely state, “I would like to remain silent and speak to a lawyer.” Once you invoke your right to remain silent or request an attorney, questioning must stop.

Why Remaining Silent Is So Important

Even seemingly harmless statements can be twisted or misinterpreted. For example, someone involved in a self-defense incident might say, “This is terrible. I never wanted this to happen.” While that may just express remorse about the situation, prosecutors might try to spin it as an admission of guilt.

It’s best to remain silent and consult an attorney before making any statements.

The Strongest Protection: Your Right to a Lawyer

Of all your Miranda rights, courts have consistently treated the right to counsel as one of the most powerful. In Edwards v. Arizona and subsequent rulings, the U.S. Supreme Court emphasized that once you invoke this right, police may not resume questioning unless your lawyer is present.

This right applies to all police questioning, not just your trial. If you ask for a lawyer, you do not have to wait until arraignment or a court appearance. Public defenders are often available to speak with you during the initial investigation or while you’re held in custody.

Can I Still Be Charged Even If Miranda Was Violated?

Yes. The violation of Miranda affects the admissibility of statements, not the validity of the arrest or the charges themselves. Prosecutors may still proceed using physical evidence, witness statements, surveillance footage, or other admissible sources.

However, when Miranda violations result in key evidence being excluded, it can significantly weaken the prosecution’s case and sometimes lead to dismissal or favorable plea negotiations.

Another Hypothetical:

Let’s say a client in Lakewood, WA, was arrested for felony assault. The police failed to read Miranda rights and obtained a confession during an unrecorded station interview. The client’s lawyer successfully suppressed the confession. Without that admission, the remaining evidence was circumstantial. The prosecutor, facing a weak case, offered to reduce the charge to a misdemeanor with no jail time.

What Should You Do If This Happened to You?

If you believe your Miranda rights weren’t read—or that they were read incorrectly—tell your defense attorney right away. At Smith & White, we examine these details closely. In some cases, we request transcripts, body camera footage, or booking room video to determine whether a Miranda violation occurred.

Do not try to argue this with the police. They are not required to admit a violation, and anything you say—even about your rights—can still be used against you unless you’ve clearly invoked your right to remain silent.

Final Takeaway: Your Silence and Your Lawyer Are Your Best Defense

Being arrested is disorienting. But the most powerful tools in your defense are your constitutional rights—especially your right to remain silent and your right to a lawyer.

At Smith & White, we’ve helped clients throughout Tacoma, Lakewood, Puyallup, and the rest of Pierce County protect their rights and fight back against unlawful police conduct. Whether the issue is Miranda, improper searches, or weak evidence, we know what to look for—and how to use it in your defense.

Facing criminal charges in Pierce County? Don’t face them alone. Call the law office of Smith & White today—your first consultation is free.