QUESTION
I was never given my rights at no time during the questioning is that legal?
Asked on Jun 03rd, 2013 on Criminal Law - California
More details to this question:
I was question by police on a case and was never read my rights a week later I was told I had to turn myself in a the local magistrate that there would be a warrant out for my arrest so I turned myself in was put in jail I am out on bail right now.
10 ANSWERS
Michael J. Breczinski
Well the issue is whether you were under arrest at the time of the questioning. If you were not under arrest then they do not have to read you your rights.
Answered on Jun 06th, 2013 at 7:53 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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The police do not read you your rights unless you are in custody. If you seek to keep your "voluntary" statements out of evidence, you will have to convince the Court that under the circumstances of the interrogation, you were not free to walk away.
Answered on Jun 06th, 2013 at 7:53 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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You need an attorney; Miranda Rights apply to custodial interrogation; If you were questioned by the police concerning a crime in which you were not the victim, then any statements would be suppressed by your attorney as being a violation of your 5th amendment privileges.
Answered on Jun 05th, 2013 at 11:49 PM
Police don't have to read you your rights unless they want to question you while in police custody and use your testimony against you in court. Sometimes police don't read suspects their rights because the evidence against them is so obvious that it's not necessary.
Answered on Jun 05th, 2013 at 10:05 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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This is a common question. Despite what we see on TV, Miranda warnings are only required for custodial interrogations. In plain English, they only need to read you your rights if (1) you are in custody and (2) they are going to ask you questions that could lead to incriminating responses. If one of those two things does not apply, then rights need not be read. If there is a Miranda violation in your case, then your attorney may challenge the legality of the statements. If the court agrees that there was a Miranda violation, the statements may not be introduced as evidence in the case.
Answered on Jun 05th, 2013 at 10:05 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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The answer to your question is highly technical and requires and analysis of more facts than you have provided.
Answered on Jun 05th, 2013 at 10:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need a defense attorney to examine the facts. Call or hire one now. Stop speaking with the police without counsel.
Answered on Jun 05th, 2013 at 10:04 AM
Miranda doesn't have to be read until you are arrested (ie. cuffed), and only if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth prior to cuffing you, so rights rarely have to be read.
Answered on Jun 05th, 2013 at 10:04 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I have absolutely no idea since you have told me nothing about the case or the charges.
Answered on Jun 05th, 2013 at 10:03 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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 Jun 04th, 2013 at 10:33 PM