Can I be arrested without being read my miranda rights?

Question

What happens if I was arrested at a club for drinking and I was 19 and they did not read me my Miranda rights?

Jason Overton · Answer

They can arrest you.  Miranda applies to their interrogation of you and whether they can use your responses.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

Sometimes, investigations  take weeks or months prior to charges being issued.  Miranda rights are usually only an issue if a defendant is taken into custody and interrogated. Police doesn't necessarily need or want to perform a custodial interrogation for every case.

Jared Austin · Answer

Contrary to popular opinion, the police do not have to read you your rights everytime they arrest you. They only have to read them to you if they intend to interrogate you with incriminating questions. Even so, Miranda Rights have nothing to do with the validity of the arrest. All a Miranda violation can do is to keep out incriminating statements and possibly evidence that was recovered of those statements. It has nothing to do with the validity of the arrest itself. Movies and television have not helped clarify the public's perception of this landmark Supreme Court case.

Geoffrey MacLaren Yaryan · Answer

They only have to read you your Miranda rights if they intend to question you after an arrest.

Seth Bloom · Answer

Miranda Rights apply to police officer's ability to use information obtained by interrogation in custody in criminal proceedings.  You do not necessarily have to be read your Miranda rights merely to be arrested.  If police interrogated you while in their custody without reading you your rights and it seems as though they intend to use information obtained from that interrogation against you in court, then your defense attorney could file various motions to exclude the testimony.  If police are relying on other evidence to charge you (i.e. your identification, presence in the bar), then Mirandization is not necessarily an issue.  This is something you may want to discuss in detail with a local criminal defense attorney to figure out how your potential defense might play out.  If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.

Samuel H. Harrison · Answer

Yes, they can. If the police don't question you about the case while you are in custody (under arrest) they don't have to read you a Miranda warning. The whole thing about the arrest being invalid if the accused isn't read his Miranda rights when arrested is pure Hollywood.

Thomas Tomko · Answer

Miranda concerns admissions made when in custody.  If this is not a concern in your case, then lack of miranda will not assist in your defense.  I hope that this was helpful.

Roianne Houlton Conner · Answer

Yes. Miranda only applies to statements.  If you did not give a statement then your constitutional rights were not violated.

Eric Sterkenburg · Answer

Yes the police can arrest you without telling you your Miranda rights. What Miranda does is keep out any incriminating evidence and fruit from that incriminating statements. If the DA can prove his case with out that then you are out of luck. Contact me and I can go over the facts with you to help you know what to do.

Leonard Harden · Answer

Miranda rights are the most misunderstood aspect of US law.  The Miranda warning only applies after you are under arrest and if you are questioned. In other words, if after being arrested the police question you then whatever you said can be suppressed or kept out of court.    The police failure to read you Miranda warnings does not mean you necessarily  win.    You should talk to a lawyer to discuss the case.  Good luck,

Craig Elhart · Answer

If at the time of your arrest you were not questioned, there is no need to read you your Miranda rights.

Steven D. Dunnings · Answer

Yes. Miranda rights are necessary only in terms of assuring the court that any confession you may have made, while in custody, was voluntary.

Michael Nack · Answer

They don't have to read Miranda rights to everyone they arrest. This is real life not some television show. Hire an attorney to represent you on the charge.

Dennis Roberts · Answer

Stop watching so much television. The only time a failure to instruct you on  your Miranda rights is if they don't and then you make incriminating  statements. If you don't make such statements it is NO HARM NO FOUL.

Cynthia Henley · Answer

The Miranda rights are required to be given to someone who is in custody and being interrogated. If one is not in custody and being questioned, or one is in custody but not being questioned, the Miranda rights need not be given. If one is in custody and volunteers information without questioning, that the defendant's problem. If one is in custody and in responds to interrogation given without the Miranda right being given, then the result is that the defendant's inculpatory statements to police are suppressed and cannot be used against him.

Michael Maltby · Answer

You don't have to be read your Miranda rights. If you were under arrest or otherwise detained such that you may as well been under arrest then they have to read your Miranda rights prior to questioning. Otherwise they would not be able to use anything that you said against you in court later.

Robert English · Answer

You can be arrested without having your rights read. The rights only protect you primarily from unlawful police interrogation.

Robert Watkins · Answer

Miranda is only necessary prior to interrogation (being questioned). Miranda is not required just because you are arrested.

Jeff Yeh · Answer

Of course you can (and you did). Miranda doesn't even have to be read until "after" someone is arrested, and only if they intend to question you further post arrest. Most cops are skilled enough to get everything they need from you (i.e. incriminating statements) "prior" to arrest.

Terry Nelson · Answer

Can I be arrested without being read my Miranda rights?  Of course. Miranda warnings are only read once arrested and before seeking a confession.  If serious about hiring counsel to defend you in this, feel free to contact me.

Jared Altman · Answer

A lot of people ask this question and complain about not being read their rights under the Miranda case. It is meaningless unless the prosecutor intends to offer at trial a confession that you made in violation of your Miranda rights. If you made a confession after being placed under arrest where you were not Mirandized, then the confession cannot be used against you in court. But everything else remains the same. You can still be prosecuted, just without the confession.

Michael J. Breczinski · Answer

They only have to read you your Miranda rights if 1.You are under arrest. 2. They want to question you. 3. Your answers could incriminate you in that you are the subject of their questions.

Gregory Casale · Answer

The police can arrest you and give you your rights at a later point in time. People often get confused over Miranda rights. The police need to make you aware of your right against self incrimination and your right to remain silent before they interrogate you, not before they arrest you.

Michael Lynch · Answer

In a word, Yes.  The arrest would be fine, however if you made any  statements there might be an issue.  Have the circumstances of the case  reviewed by an attorney.

John Gutbezahl · Answer

Miranda warnings are only required if you are in custody (which is a factual determination) and subject to interrogation. If you were in custody and questioned without first being read your Miranda warnings any statements would be inadmissible. The question you have is can you be arrested without having been read your rights, the answer is yes. However, any statements post arrest would not be admissible.

Harley Gutin · Answer

The police do not have to read you Miranda Warnings unless they are going to question or interrogate you.  However, the exception to the questioning is when you are stopped for a DUI.  The legislature and Courts have carved out an exception in DUI cases because driving is a privilege and not a right.  So when stopped for a DUI you are questioned about alcohol or drug use and you are not read Miranda until after your arrested and then only if they are going to question you further.

Michael D. Fluke · Answer

Your Miranda rights only need to be read if you are being questioned.  If the police do not question you, there is no need for Miranda to be read.  If you were questioned without first being mirandized, there is a possibility that your statements may not be admissible.  This DOES NOT mean that the case will necessarily be thrown out.  I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.  Good luck.

James Schoenberger · Answer

Miranda rights only protect the statements you give not law enforcement's ability to arrest you.

Loren M. Dickstein · Answer

Yes. There is no requirement to read Miranda warnings at the time of an arrest. If you believe your constitutional rights have been violated, you should speak to a retained criminal defense attorney right away.

Gary Moore · Answer

If you gave no statement, not reading your rights to you is irrelevant. If you gave a statement of some kind you may be entitled to have your statement suppressed from use by the State at your trial. Call me if you have further questions.

Bruce H. Lehr · Answer

The police only have to read you your Miranda rights if you are being questioned in a custodial interrogation. The reading of rights is not mandatory as part of an arrest.

Shawn Hooks · Answer

You can be arrested without the officers reading you your rights.  If you make any statements while arrested, however, without having been read your rights those statements should be inadmissible at a trial.

Michael Morgan · Answer

Any statements you made after you should have been read your Miranda rights should be suppressed.

Jacob Braunstein · Answer

The short answer is yes. A person can be arrested without being read the Miranda warning. An officer is only required to read the Miranda warning if he or she intends on interrogating you once you have been taken into custody.

Eric Rothstein · Answer

The police only have to read Miranda if you are in custody and they are interrogating you. If they fail to read Miranda under these circumstances, the statements can be suppressed but it does not otherwise affect the arrest or prosecution.

Eric Schurman · Answer

If there was a Miranda violation, your statement to the police would be suppressed. You can still be arrested, however.

Stephen Freeborn · Answer

Yes. An officer will give you your Miranda rights if he/she plans to talk with you and obtain information. The officer cannot question you (other than name, address, etc) without first reading you your Miranda rights.

Timothy Klisz · Answer

It only matters if you made admissions. That is all the rights protect against.

Michael Palumbo · Answer

You are prosecuted to the full extent of the law.

Joseph Dane · Answer

Miranda rights only apply if you're in custody and being questioned. If they should have read you your rights, but didn't, then any statement would be inadmissible. It's not required to have your rights read to you just because you were arrested.

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