QUESTION

What can happen if I was not read my Miranda rights when I was arrested?

Asked on Feb 09th, 2013 on Criminal Law - Florida
More details to this question:
Female: I was arrested by an officer at my home and knowing that I was going to jail I took the phone to call my mother and ask her to take care of my child the officer saw it as resistance arrest and threw me down while putting me in hand cuffs without reading my Miranda rights.
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11 ANSWERS

John J. Carney
You must do as an officer says and not resist arrest. I was not there and do not know what the officer claims you did, but the best thing to do now is to retain a good lawyer to handle the matter.
Answered on Feb 18th, 2013 at 7:24 PM

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Criminal Defense Attorney serving Alhambra, CA at 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 Feb 13th, 2013 at 4:28 PM

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Michael J. Breczinski
If they are not going to interrogate you after you are arrested then they do not have to read you Miranda.
Answered on Feb 12th, 2013 at 3:57 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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So what? Realistically, the failure to read your Miranda rights means that any evidence obtained because they failed to read you your rights cannot be used against you. What evidence did they obtain that they would not have otherwise had anyway?
Answered on Feb 12th, 2013 at 3:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need the facts, it is doubtful that Miranda is applicable. As to the police action, more details are necessary to form an opinion.
Answered on Feb 12th, 2013 at 3:54 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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After reading your post, my concern is not the lack of Miranda rights, but whether or not you actually resisted or delayed an officer (PC 148(a)). Miranda rights are not required when you are arrested, despite the way television and movies portray it. You should consult with a local criminal defense lawyer for a case evaluation.
Answered on Feb 12th, 2013 at 3:52 PM

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You watch too many movies and TV shows. Miranda only has to be read after you are cuffed, and only if they interrogate you post-cuffing. It sounds like in your case Miranda has no relevancy.
Answered on Feb 11th, 2013 at 11:29 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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The police officer does not have to read you your Miranda rights unless they want to question you while you are in police custody. Often, police don't read you your rights because they have no reason to question you at the time they are arresting you.
Answered on Feb 11th, 2013 at 11:04 PM

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Personal Injury Attorney serving Northglenn, CO
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Miranda rights are only required when you are in custody and being questioned about the incident. If no questions were asked while in custody, then Miranda isn't required.
Answered on Feb 11th, 2013 at 11:04 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Contrary to popular myth the police do not have to read you your Miranda Rights everytime you are arrested. Another misconception is that if there is a Miranda violation the case against you has to be dismissed. That is never the case. First, the police only have to give you Miranda warnings when you are in police custody (i.e. not free to leave) and they wish to interrogate you or ask you incriminating or potentially incriminating questions. The police often arrest people and do not question them so the Miranda trigger is never fired. Secondly, even if the police did not read you your rights when they should have, it does not mean the case against you is dropped. Miranda warnings are to let people know that they don't have to answer the police questions and incriminate themselves if they choose not to. Thus, a Miranda violation only serves to suppress or keep out statements. Sometimes it can lead to other evidence being kept out if they only way the police gained knowledge of that evidence was through the statement made as a result of a Miranda violation. If enough evidence gets suppressed because of the Miranda violation, then the prosecutor may have to dismiss the case if he is left with an insufficient amount of evidence to meet his burden of proof. That rarely happens however.
Answered on Feb 11th, 2013 at 10:27 PM

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Criminal Defense Attorney serving Plantation, FL at The Law Offices of Leifert & Leifert
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The failure of a law enforcement officer to read Miranda warnings may result in the exclusion of statements made by a suspect as evidence in the case. The failure to read Miranda warnings rarely results in the dismissal of charges (unless other substantive evidence is severely lacking).
Answered on Feb 11th, 2013 at 9:35 PM

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