QUESTION
Does a cop have to read you your Miranda rights for a charge of disorderly conduct?
Asked on Jul 30th, 2012 on Criminal Law - Florida
More details to this question:
My friend was handcuffed, put in the back of a cop car, and brought to the local station where he received an appearance ticket for disorderly conduct. Is this a situation where they needed to tell him his Mirada rights? They didn’t hold him over night, but they kept him for about an hour.
4 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No Miranda: The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
Answered on Aug 07th, 2012 at 11:30 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Police never "have to" read Miranda rights.
Answered on Aug 07th, 2012 at 2:53 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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You only must be read your Miranda rights if you are interrogated by the police. Failure to read your rights only impinges on the admissibility of any statements.
Answered on Aug 07th, 2012 at 2:26 PM
Bruce Arthur Plesser
Not unless he uses a statement by you to him.
Answered on Aug 07th, 2012 at 2:21 PM