December 3, 2014 If you have been taken into custody on any type of charge, you do have the right to remain silent. However, you may also feel as if cooperating with authorities may help you get a favorable outcome in your case. In the event that you do decide to talk before being read your Miranda rights, could what you say be used against you in court? Were You Actually in Custody? If you are not actually in custody when you speak, you may not need to be read your rights. In that case, you can simply provide the information that you want to provide without facing any penalties. For instance, if you willingly came down to the police station to talk about a case, anything that you say could be used against you even if you weren’t read your rights. Did You Speak Willingly? If you willingly provide information to the authorities while in custody or just before being taken into custody, that information could be used against you in a court of law. However, if you are coerced into providing information or compelled to talk against your will, it could be grounds to have a case dismissed if it gets to trial. What Type of Communication Is Being Used Against You? Anything that you say before being read your rights may or may be admissible in court depending on how a judge views the case. However, if an officer finds something on your cell phone or any other electronic device, that may be admissible in court. This is because the law says that police officers may search anything on your person if such information could prevent a crime from occurring. You Never Have to Talk It is important to understand that you are under no obligation to speak to a police officer or any other person outside of court. Therefore, you can always elect to stay silent even if you are not read your rights. Any evidence such as a confession signed under duress will generally be thrown out in court. You should expect that anything that you say can and will be used against you in court before and after you have been read your rights. While your attorney may be able to have certain pieces of evidence thrown out, judges, prosecutors and jurors are still human. Therefore, it could still impact the outcome of your case if heard. Call us at 206-621-0500 or contact us for a free consultation with an experienced criminal law attorney today.