Police dont need to give you Miranda warnings

Police don't need to give you Miranda warnings. Unless, you are in custody and interrogated.

Many people know about Miranda warnings from watching tv shows like Cops. Many people also do not understand what the warnings are, or when they have to be given.

http://news.yahoo.com/common-misunderstandings-miranda-warnings-100225833.html

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First, there isn’t one official Miranda warning that is read to a suspect by a police officer. Each state determines how their law enforcement officers issue the warning. The Supreme Court requires that person is told about their right to silence, their right to a lawyer (including a public defender), their ability to waive their Miranda rights, and that what they tell investigators under questioning, after their detention, can be used in court.

The Miranda warning is only used by law enforcement when a person is in police custody (and usually under arrest) and about to be questioned. Anything you say to an investigator or police officer before you’re taken into custody—and read your Miranda rights—can be used in a court of law, which includes interviews where a person is free to leave the premises and conversations at the scene of an alleged crime."

The police can ask you questions about identification, including your name and address, without a Miranda warning. And they can use any spontaneous expressions made by you as evidence—for example, if you say something without the prompting of police before you’re taken into custody.

Of course, you’re still protected by your Miranda rights—after you’re detained—even if you waive them after an arrest. At any time, during an interrogation, you can stop answering questions and ask for a lawyer."

Bottom line - you have the right to remain silent. Use it.

If you were not read your Miranda rights, your case is not just going to be dismissed. The remedy is any statement made can be excluded from evidence. A good criminal defense lawyer will file a motion to suppress seeking to keep the evidence out.