QUESTION
Can a person receive a ticket through the mail if they have not been read their rights?
Asked on Jun 03rd, 2011 on Criminal Law - Michigan
More details to this question:
Can a person receive a ticket through the mail if they have not been read their rights?
27 ANSWERS
Yes that is the way the photo.enforced intersections work.
Answered on Jun 13th, 2011 at 4:55 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Yes. Usually the right people refer to is the right to remain silent. Mailing a citation does not violate that right. Even if someone is not advised of their right to remain silent, the cure might be keeping the statement they made out of trial. If no statement was made the defendant does not gain any advantage by not being read their Miranda rights. Hire an attorney to review the matter for you.
Answered on Jun 09th, 2011 at 9:52 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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A person can be charged with a misdemeanor by a ticket or complaint. That may come through the mail with an order to appear for an arraignment. This can occur even when you never saw an officer. There is no requirement that you be read your rights prior to being charged, only that you be read your rights after being arrested.
Answered on Jun 08th, 2011 at 12:20 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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The reading of Miranda rights is not required on traffic tickets. Typically, if Miranda rights should be read and were not read the remedy is to suppress any statements (and any evidence obtained from those statements) made after the Miranda rights should have been given.
Answered on Jun 08th, 2011 at 8:55 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Yes. The police have to read your rights before they question or interrogate you. It has nothing to do with sending a summons in the mail.
Answered on Jun 08th, 2011 at 8:46 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Yes. There is no obligation to mirandize someone unless they are being arrested.
Answered on Jun 08th, 2011 at 8:45 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Of course. Miranda warnings only are given after physical arrest and before seeking a confession.
Answered on Jun 07th, 2011 at 4:51 PM
The short answer is yes. It is only required that you be read your rights if the police are going to question you.
Answered on Jun 07th, 2011 at 12:30 PM
Yes a police officer can have a summons served to you through the mail.
Answered on Jun 07th, 2011 at 12:20 PM
Theodore W. Robinson
Yes, reading you your "rights" is only meaningful when the person charged has given a statement to the police. As you can see, if you receive a ticket in the mail, that would not apply. Good luck.
Answered on Jun 07th, 2011 at 11:59 AM
Yes. Tickets are "infractions" and are not crimes. In any event one can be arrested without having been read their rights (Mirandized), but not questioned.
Answered on Jun 07th, 2011 at 11:35 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes; the Montana and U.S. Constitution only require that the police read a suspect his/her rights when they are subject to custodial interrogation. This means that the person must be in police custody, not free to leave, and the officer is asking the person questions about the alleged offense. Therefore, in your case the police did not have to previously read you your Miranda rights.
Answered on Jun 07th, 2011 at 11:06 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry. A ticket can be given in the mail. It is unusual, but I have seen it happen in the past. You are mixing up some legal concepts when you ask about being read rights. Miranda rights apply to in custody interrogations and may result in confessions being excluded from evidence. This is unrelated to the general question about the ability to receive a ticket in the mail. I hope that this was helpful.
Answered on Jun 07th, 2011 at 10:58 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Receiving a ticket is in no way dependent on being read your rights. Police only have to read you your rights if they are asking you incriminating questions while you are in their custody.
Answered on Jun 07th, 2011 at 10:44 AM
Geoffrey MacLaren Yaryan
You are "read your rights" when a police officer, in a custodial situation, wants to question you concerning some criminal activity. That is the only time it is required.
Answered on Jun 07th, 2011 at 10:31 AM
1 Award
Yes, a person can receive a criminal citation, criminal summons, and/or civil citation via mail and be required to respond to the citation (i.e. appear in court, pay fine, answer suit, etc.). Most of the time, ignoring the citation can lead to serious criminal and/or civil ramifications. Its important to speak with a licensed attorney in the state where your legal question arises. To speak with an attorney in New Mexico, call the Khayoumi Law Firm.
Answered on Jun 07th, 2011 at 10:13 AM
Yes. Having your rights read (ie. Miranda) has nothing to do with whether you can get a ticket. In fact, Miranda doesn't even apply to infractions.
Answered on Jun 07th, 2011 at 9:45 AM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Yes. Reading a person's rights is only an issue if a person in custody makes a statement that the police wish to use in the prosecution. Normally, however, infractions (tickets) are given to a defendant in person by a police officer.
Answered on Jun 07th, 2011 at 9:34 AM
Yes. You only need to be read your rights if You are under what's considered by the Supreme Court as "custodial interrogation.". Basically You can't leave.
Answered on Jun 07th, 2011 at 9:11 AM
Yes. The Miranda rights only apply to statements that you may have made. You can receive a ticket even if no one ever read you your rights.
Answered on Jun 07th, 2011 at 8:46 AM
Michael J. Breczinski
Yes a person can get a ticket in the mail, the only time they have to talk about rights is if you are in custody and they want to question you about a crime that they think you were involved in.
Answered on Jun 06th, 2011 at 4:02 PM
Criminal Attorney serving Redmond, WA
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Karmali Law Office, PLLC
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Yes. You only need your rights if the police is going to ask you questions to investigate.
Answered on Jun 06th, 2011 at 3:37 PM
Yes! No rights have to be read when you receive a ticket in person. Consider fighting this ticket!
Answered on Jun 06th, 2011 at 3:37 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The reading of the rights (Miranda rights) only matters when it comes to questioning and the admissibility of a statement in trial. It has absolutely nothing to do with whether you can get a notice to appear in court.
Answered on Jun 06th, 2011 at 3:11 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. Get a lawyer to fight the ticket.
Answered on Jun 06th, 2011 at 3:10 PM
2 Awards
Yes. Not being read your rights only helps keep things you say out of court; it does not absolve you of previous wrong conduct.
Answered on Jun 06th, 2011 at 3:09 PM
Steven C. Bullock
The "rights" you speak of are from a 1960's case providing that an investigator must read the so-called "Miranda" rights if the person is in custody and they are being questioned with reference to their involvement in what could be criminal activity. No "rights" are necessary for a ticket in the mail!
Answered on Jun 06th, 2011 at 2:47 PM