One common misconception that a lot of people have is that at any encounter with the police that they have to read you your rights, and if they don’t, then there’s something wrong with an arrest that occurs, or with whatever else happens during that encounter. The bottom line is that the police are really only required to read your rights to you if they intend to question you, and if you’re in custody to the extent that’s associated with a formal arrest. That’s the official legal standard for it, so just because they don’t read you your rights at the roadside does not necessarily mean that there’s anything wrong with the encounter. If they are questioning you, however, and if you’re under arrest, then at that point, you had to have been read your rights.

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Albritton Law Firm | 23 Harrison Avenue | Panama City, FL 32401 | Phone: | (850)215-0200