QUESTION

Does a cop have to mirandize u when ur arrested

Asked on Dec 21st, 2018 on Criminal Law - Pennsylvania
More details to this question:
Sold pills to a ci was arrested finger printed and taken to jail and was never read my rights
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1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
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Miranda as it is used on TV is a myth.  It is not a formal part of the arrest process.  In fact most people are never read their Miranda warnings.  This does not in anyway invalidate the arrest.  Where Miranda is used is when a custodial interrogation is conducted.  This means if you were in custody and they were asking you questions about the case.  It sounds like in your case you weren't interrogated and thus Miranda was not implicated.  If Miranda is an issue, and the Commonwealth is seeking to use the statements you made against you, again the arrest is not invalidated but the statements may be excluded from the case against you.  Before you try to go down that path on your own you should take the time to consult with an experienced Criminal Defense attorney.  Suppression hearings are very fact specific and the rules aren't always intuitive.  You are facing serious charges and need help.  
Answered on Dec 26th, 2018 at 9:41 AM

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