Our Fort Lauderdale failure to read a Miranda warning for post-arrest questioning attorney at Meldon Law can advise on whether your rights have been violated. Contrary to what we see on television shows and movies, the police are not required to read you your Miranda rights when they arrest you.You cannot invoke your Miranda Rights if you are not in custody AND not being interrogated. To invoke your Miranda rights, you must expressly say so. At the time of an arrest, a Miranda warning is not a requirement. Stemming from the landmark Supreme Court case Miranda v. It will just protect officers from being sued in the event that they do not read someone their Miranda rights. If the police fail to read you your Miranda rights, whatever you say to them cannot be used as evidence in the case against you. "You have the right to remain silent. Anything you say can and will be used against you in a court of law.