QUESTION
Is it legal or does she have a case of unlawful arrest?
Asked on Nov 21st, 2012 on Criminal Law - Michigan
More details to this question:
She was arrested yesterday, charged with simple assault on an officer and resisting arrest. I talked to my wife later in the evening and she informed me that she wasn't read her Miranda rights until she arrived at the jail.
15 ANSWERS
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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That will not invalidate the charge.
Answered on Apr 30th, 2013 at 12:22 AM
Criminal Defense Attorney serving Irvine, CA
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Law Offices of Donald G. Sowers
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There are a frequent misunderstandings about the law of interrogation because of what we see on TV and in the movies. "Cop Shows" frequently show officers immediately advising someone of their Miranda rights immediately after they have been arrested. ?"Miranda warnings" are only required to be given whenever there is custodial interrogation. That means the police must advise someone of their constitutional rights if they are in custody AND being questioned/interrogated about the offense. In some cases, the a arrestee never needs to be given their Miranda rights if they are never interrogated. You or she should consider consulting with an attorney right away about this incident. Good luck.
Answered on Nov 26th, 2012 at 5:16 AM
John J. Carney
The police do not have to give Miranda Warnings unless they are going to interrogate you. It does not make the arrest illegal and is not a way out of committing crimes, it is just a rule that they have to Mirandize suspects in custody. She should retain an attorney since it is a felony to assault a police officer in New York and most states.
Answered on Nov 23rd, 2012 at 6:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you basing your case on when she was read her rights the answer is no, it is not an unlawful arrest.
Answered on Nov 23rd, 2012 at 1:03 PM
William C. Gosnell
Miranda rights aren't given until questioning and you are asked to sign a confession.
Answered on Nov 23rd, 2012 at 1:03 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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Police read Miranda rights after you are in custody if they want to question you. Usually, they question you before they arrest. The suspect then makes incriminating statements which cement the case for the police. The police then arrest. On occasion, they then question again after giving Miranda.
Answered on Nov 23rd, 2012 at 1:02 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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Many people are confused on the issue of "Miranda" rights. Miranda rights apply to "in-custody" statements; that is, any statements made after the Defendant has been placed under arrest. Accordingly, if the police question an individual before an arrest has been made, the officer is not required to notify the individual of his/her Miranda rights. However, once the arrest has been made, if the officer wants to question the suspect, the officer must notify the suspect of his/her Miranda rights.
Answered on Nov 23rd, 2012 at 1:01 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Miranda rights only come into play if she is in custody (arrested) and being questioned. It's not like TV where she has to be read her rights at the moment of arrest.
Answered on Nov 23rd, 2012 at 1:00 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. I strongly suggest that she contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding her arrest. He/she would then be in a better position to analyze her case and advise her of her options.
Answered on Nov 23rd, 2012 at 7:41 AM
Miranda rights are only if copsters question you. Otherwise you should be smart enough to never talk to the cops to begin with as anything you say can now be used against you as you volunteered the info to them. Simply shut up when arrested. It's that simple.
Answered on Nov 22nd, 2012 at 2:25 PM
Michael J. Breczinski
They only have to read Miranda right if after you are arrested, then they want to question you about anything that could incriminate you. So the answer is no.
Answered on Nov 22nd, 2012 at 2:23 PM
Gary Moore
The failure to read Miranda rights only relates to the ability of the State to use your statements against you at trial.
Answered on Nov 22nd, 2012 at 2:22 PM
Steven D. Dunnings
Miranda only relates to confessions, not arrests.
Answered on Nov 22nd, 2012 at 2:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get an attorney, but not reading the rights does not invalidate the arrest.
Answered on Nov 22nd, 2012 at 2:21 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If she made statements in violation of Miranda, those statements could be thrown out Discuss this case with an attorney for more details.
Answered on Nov 22nd, 2012 at 2:20 PM