QUESTION

If I am being arrested for a criminal charge as a felony do they have to read you your rights?

Asked on Nov 26th, 2012 on Criminal Law - Florida
More details to this question:
Had a warrant for theft over $500 and two class 3 felonies.
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6 ANSWERS

The Miranda warning is a warning that is required to be given by police to criminal suspects in police custody before they are interrogated to inform them about their constitutional rights. In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel, and makes a knowing, intelligent and voluntary waiver of those rights. The Miranda warning is not a condition of detention, but rather a safeguard against self-incrimination. If law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial. A lawful arrest may be made without the Miranda warning being given at all.
Answered on Nov 29th, 2012 at 8:53 AM

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Criminal Defense Attorney serving Alhambra, CA at 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 Nov 29th, 2012 at 7:04 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If they are going to question you.
Answered on Nov 29th, 2012 at 4:52 AM

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Michael J. Breczinski
No. The only time they have to read you your rights is if, AFTER ARREST, they want to sit you down ans ask questions that could incriminate you. If they do not want to ask questions they can just handcuff you and take you to jail.
Answered on Nov 29th, 2012 at 4:46 AM

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Rights have nothing to do with whether it is a felony or a misdemeanor. If the cop intends of interrogating you "after arrest," then rights have to be read. Otherwise they don't. Most cops are trained to get everything they need out of your youth prior to arrest, so Miranda rarely applies.
Answered on Nov 29th, 2012 at 4:45 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No, they do not always read your rights to you. This does not automatically mean that the case should be dismissed. An attorney has to review the police report to see if there are grounds for the suppression of evidence.
Answered on Nov 27th, 2012 at 3:40 PM

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