QUESTION
While in custody do the officers have to read your Miranda rights while not being interrogated?
Asked on Dec 11th, 2012 on Criminal Law - Colorado
More details to this question:
Got arrested for a misdemeanor, token into custody. Never had my rights read to me.
13 ANSWERS
Steven D. Dunnings
No.
Answered on May 21st, 2013 at 12:19 AM
No, the police officer does not have to read your Miranda rights if you're not being interrogated.
Answered on Dec 17th, 2012 at 1:15 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 you are not being interrogated then your rights do not have to be read to you.
Answered on Dec 14th, 2012 at 3:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your Miranda rights come into play following your arrest and at the commencement of your interrogation. From what little information you provided it does not sound like there was a violation of your civil rights.
Answered on Dec 14th, 2012 at 3:10 AM
Michael J. Breczinski
No the police only have to read you Miranda IF they are going to interrogate you while you are in custody.
Answered on Dec 14th, 2012 at 1:52 AM
1 Award
Officers need to read you Miranda Rights before they interrogate you, but if they do not interrogate, there is no need.
Answered on Dec 14th, 2012 at 1:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should consult with a criminal defense attorney in your area. There might be a possibility of filing a motion to suppress.
Answered on Dec 14th, 2012 at 12:36 AM
John J. Carney
The police do not have to read you the Miranda Warnings unless they question you while in custody.
Answered on Dec 14th, 2012 at 12:29 AM
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 14th, 2012 at 12:10 AM
No. Your Miranda Rights are only a protection against self-incrimination in the event the officers want to obtain a statement against you that may be admissible in court later.
Answered on Dec 13th, 2012 at 11:23 PM
Michael Paul Vollandt
If they do not ask and you do not answer there is no reason to give you "your rights" only speak to the police if you need to go to the bathroom and there is no facility in the cell.
Answered on Dec 13th, 2012 at 11:12 PM
No. Only if they intend on interrogating you post arrest.
Answered on Dec 13th, 2012 at 11:01 PM
3 Awards
Only if they want to ask questions.
Answered on Dec 13th, 2012 at 9:53 PM