More details to this question:
I made a slight confession but not full one to a detective, then a few days later I was arrested and then slightly question by two officers without being read my rights. And then signed a promise release date. What should I do?
7 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Hire a lawyer. There are ways to attack even an admission, especially if you were interrogated without being given your Miranda rights. Make sure you hire a lawyer who practices in the state where you are charged. I am assuming that you were charged in MA, since you are writing to a MA lawyer. In MA, you only need your Miranda rights given if you are in a custodial situation and are being interrogated or arrested. You should look for a Defense Lawyer who practices in the court where you are charged.
Answered on Mar 11th, 2013 at 2:14 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You keep using the word slight. not sure what you are intending. I would have to see the criminal case reports to know better how to advise.
Answered on Mar 11th, 2013 at 2:14 PM
Michael J. Breczinski
Miranda only has to be given if first you are arrested and THEN they want to interrogate you. If they ask you questions without being arrested NO Miranda.
Answered on Mar 11th, 2013 at 2:13 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. If you are being charged with a crime, you need to hire an attorney to defend you.
Answered on Mar 08th, 2013 at 9:53 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If you were not mirandized, then it may be possible to suppress statements that were made after you were arrested. You did not specify what it is you are being charged with, but at this point speaking to and hiring a criminal defense attorney to defend against criminal charges is a good idea.
Answered on Mar 08th, 2013 at 8:03 PM
You should consult a local criminal defense attorney. If your rights were violated depend on the specific facts and circumstances of the contact with law enforcement and the statements made. Without a critical review of all of the evidence, police reports, and what you were told, it cannot be determine if your rights were violated. Remember, officers only have to provide Miranda warnings if you are in custody and the information sought is to elicit incriminating information. If you voluntarily went to the police station, were told that you were free to go, that the police only wanted to get your version of events, Miranda most likely did no apply.
Answered on Mar 08th, 2013 at 7:59 PM
John J. Carney
You should not have talked to the police or made a slight confession. You should retain a good criminal lawyer to handle the case and in the future not talk to the police and give them the evidence they need to convict you.
Answered on Mar 08th, 2013 at 1:22 PM