QUESTION
Do I have a civil case against the court and county if Miranda rights wasn't read to me?
Asked on Jan 16th, 2013 on Criminal Law - Florida
More details to this question:
I was arrested so supposedly beating my wife. She has some mental problems and grabbed the steering wheel of the truck I was driving, put it in park and ran off with the keys in the middle of an argument. I was arrested a few minutes later for battery among other things. I was told I was under arrest and never read my Miranda rights. When I went to court the judge said on film that Miranda rights do not have to be read to you in the state of Indiana. The court appointed attorney seemed like he wanted me incarcerated. This is all wrong correct?
7 ANSWERS
John J. Carney
You have not said that you are innocent, you just seem to be thinking that Miranda Rights are going to help your case. The police do not have to read your the Miranda Rights unless you are being questioned in custody. Your lawyer does not want to see you incarcerated, that is paranoid thinking.
Answered on Mar 11th, 2013 at 7:42 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No matter what state, Miranda rights are only required to be given to a person who is in custody and subjected to custodial interrogation. If that occurs without the rights, then any inculpatory statements are subject to being suppressed.
Answered on Jan 22nd, 2013 at 1:47 AM
Michael J. Breczinski
Miranda applies to all of the United States. However it only has to be read under the following circumstances. First that you are arrested. After you are arrested they want to question you about the incident or some other incident where you could possibly incriminate yourself and that you are the focus? of any investigation. They can just arrest you and put you in jail if they do not question you and then they DO NOT have to read you Miranda. A lot of cop shows have this wrong.
Answered on Jan 18th, 2013 at 8:15 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Actually it's wrong. Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Jan 18th, 2013 at 8:15 PM
No. Miranda only has to be read after you are cuffed, and only if you get interrogated post-cuffing. Most cops are trained to get everything they need from your mouth prior to cuffing you, so Miranda is irrelevant.
Answered on Jan 18th, 2013 at 4:18 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You are wrong. There is no requirement that Miranda rights be read to someone when they are arrested. They only need to be given if the cops are going to interrogate you after you have been arrested.
Answered on Jan 18th, 2013 at 4:18 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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No you don't. Miranda rights must be read prior to a custodial interrogation. If a person is questioned in custody without rights being read the remedy is to suppress the statements. It does not give rise to a civil cause of action.
Answered on Jan 18th, 2013 at 4:17 PM