QUESTION
Is it legal if I was I was questioned as well and never advised of my Miranda rights?
Asked on Jan 13th, 2013 on Criminal Law - Texas
6 ANSWERS
Geoffrey MacLaren Yaryan
Miranda rights need be given only if someone is in a custodial situation usually arrested. However, failing to give Miranda rights only apply to whether statements made are introduced in court against you.
Answered on Jan 24th, 2013 at 10:07 AM
Michael J. Breczinski
If you were not under arrest then the answer is yes.
Answered on Jan 17th, 2013 at 9:51 PM
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 Jan 17th, 2013 at 9:51 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If you voluntarily let the cops in to your home, or you voluntarily went to speak with them, they don't have to advise you of your rights. If you were in custody, under arrest, in handcuffs, etc. it's a different story.
Answered on Jan 16th, 2013 at 4:23 PM
Probably, because Miranda only has to be read after you are cuffed, and only if they intend on interrogating you post-cuffing. Most cops are trained to get everything they need from your mouth PRIOR to cuffing you, so Miranda simply doesn't apply.
Answered on Jan 16th, 2013 at 4:22 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are subjected to custodial interrogation and make exculpatory statements without having been given your Miranda rights, those statements can be suppressed.
Answered on Jan 16th, 2013 at 4:20 PM