QUESTION
When arrested, when is the officer supposed to read you your rights?
Asked on Dec 28th, 2012 on Criminal Law - Michigan
14 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Only if he or she is going to interrogate you. The police are NOT required to read you your rights when you are arrested. Television and movies get this wrong all the time.
Answered on Dec 30th, 2012 at 12:03 PM
Gary Moore
He must read your Miranda Rights to you to lawfully question you, following an arrest. If you make no incriminating statement, no harm no foul.
Answered on Dec 30th, 2012 at 12:03 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 Dec 30th, 2012 at 12:02 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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When you are being interrogated. Talk to an attorney about this issue further.
Answered on Dec 30th, 2012 at 12:01 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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As soon as he arrests you, for sure. However, this is a complicated situation - if the officer 'suspects' you of a crime, it is his duty to inform you of your rights, before you say anything that may incriminate you This time period can be difficult to determine, since all conditions must be taken into consideration - when did the officer confront you, and why? what did the officer say to you when he first addressed you; what were the conditions that led to you and the officer being together; what information did the officer have about you before he confronted you; what did you say to the officer, etc. The reading of your rights called the Miranda warnings or Miranda rights is designed to protect you from making incriminating statements or a damaging confession to a crime, so if you are arrested or even if it is the intention of the officer to arrest you, he must inform you of your rights and you must understand your rights and not say anything out of fear, intimidation, promise or any form of duress. The matter is usually addressed in a full hearing in court In a Motion to Suppress any incriminating statements made by you under any form of duress. There are exceptions, such as spontaneous utterances made by you before the officer has a chance to warn you or read you your rights.
Answered on Dec 30th, 2012 at 12:01 PM
Criminal Defense Attorney serving Beverly Hills, CA
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William S. Kroger Jr.
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They do not need to read you your rights unless you ask. It used to be that if your were in custody (not free to leave) and they were interrogating you which would be likely to elicit incriminating information.
Answered on Dec 30th, 2012 at 12:01 PM
James Edward Smith
Before he takes you in custody or arrest you
Answered on Dec 30th, 2012 at 12:00 PM
After you are cuffed, but only if they intend on interrogating you post arrest.
Answered on Dec 30th, 2012 at 12:00 PM
Michael J. Breczinski
Before they interrogate you if ever. If they do not interrogate you then they do not have to read them.
Answered on Dec 30th, 2012 at 12:00 PM
1 Award
An officer is supposed to read you your rights before interrogation but after arrest.
Answered on Dec 30th, 2012 at 11:59 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are subjected to custodial interrogation, police are required to read your your rights. Otherwise, it does not matter.
Answered on Dec 30th, 2012 at 11:59 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Before you confess.
Answered on Dec 30th, 2012 at 11:59 AM
Police officer only has to read you your rights if they are going to interrogate you while you are in custody. So, the police can arrest you and don't have to read you your rights.
Answered on Dec 28th, 2012 at 4:21 PM
Dennis P. Mikko
After you are arrested, you should be read your rights if the police are going to question you. If there is no questioning, they don't have to advise you of your rights. You will be advised of your rights when you first appear in court.
Answered on Dec 28th, 2012 at 4:20 PM