QUESTION
If I was driving without car insurance and I got arrested do the police office need to read me my rights and if they don't can they still ask me?
Asked on Oct 14th, 2014 on Criminal Law - Michigan
More details to this question:
My daughter was driving and her car insurance was lapsed, can they arrest without reading her, her right and can they ask quest if they don't read her right.
4 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They only have to read her her Miranda rights if she is arrested AND they wish to interrogate her. They do not have to read her the rights simply because she is arrested. That is a common myth and misconception about Miranda warnings. Furthermore, even if they didn't read her her rights when they should have and she gave them some incriminating information, the remedy is to suppress, or keep out of evidence, those statements. A Miranda violation will never ever invalidate an otherwise lawful arrest. I would further add that anytime she is charged with a crime she needs to be represented by an experienced criminal defense attorney. There may be other problems or issues with the case or potential defenses that can be raised.
Answered on Oct 15th, 2014 at 5:38 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, they don't. They can ask for proof of insurance and if you don't have it, that's a crime and then you can be arrested.
Answered on Oct 15th, 2014 at 5:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, as your rights come into play after the arrest.
Answered on Oct 15th, 2014 at 8:59 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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The issue of rights reading only come into okay if she made a confession. Her confession can't be used against her if she wasn't aware of her right to remain silent.
Answered on Oct 15th, 2014 at 8:59 AM