QUESTION
Does an office has to read me the Miranda rights or asking the defendant to read is enough?
Asked on May 17th, 2013 on Criminal Law - Alabama
More details to this question:
I was arrested for Domestic Violence, the officer showed me a paper having Miranda rights and asked me to read before he started interrogation. I just oversaw those bullet points and signed it.
7 ANSWERS
Michael J. Breczinski
You read and sighed it and have not told me that you did not understand it. I would say it is probably legal.
Answered on May 20th, 2013 at 8:28 PM
Geoffrey MacLaren Yaryan
He should asked you if you read and understood the rights, and if you gave up the rights and wish to talk without an attorney present. If you signed it with this type of admonishment, then it may be sufficient.
Answered on May 20th, 2013 at 8:19 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As long as you can read and understand English then that should be sufficient, especially if you signed it.
Answered on May 20th, 2013 at 8:12 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Sounds like you were probably advised of your rights. If you gave a statement, most courts would probably hold that you were advised of your rights and you waived them. But to be sure, you should consult with a local criminal defense attorney.
Answered on May 20th, 2013 at 7:59 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Assuming that you can read and understand what you are reading and you signed it, then that is sufficient.
Answered on May 17th, 2013 at 4:29 PM
Signing the statement that you read and understand your rights is a waiver of the rights.
Answered on May 17th, 2013 at 3:40 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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He can read it to you or you can read them yourself. The idea is that you need to understand what rights you have. That is almost never an issue these days, because it is so well known to the general public. Just the fact that you're asking the question shows that you are aware of your "Miranda rights" and that there may be an issue with it. For future reference, your case is improved much more by just saying nothing, than it is by talking and trying to prove that you were unaware of your rights.
Answered on May 17th, 2013 at 3:39 PM