QUESTION
If I havent been read my miranda rights, can I still be arrested?
Asked on Sep 06th, 2011 on Criminal Law - California
More details to this question:
When the police arrest you, when do they have to read you the Miranda Rights? If they haven't read you Miranda Rights can the case be dropped?
37 ANSWERS
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes absolutely.
Answered on Jun 09th, 2013 at 7:31 PM
Roianne Houlton Conner
Miranda rights applies only if you give a statement.
Answered on Sep 12th, 2011 at 9:00 AM
Theodore G. Hess
1. Yes, you can certainly be arrested. 2. A police office is required to "mirandize" you only if there is an (1) in custody, (2) interrogation, (3) by a law enforcement officer. 3. A routine traffic stop, for example, does not amount to "custody." 4. Failure to "mirandize" you does not lead to dismissal of the charges. 5. It may lead to suppression any statement you made after you were in custody.
Answered on Sep 12th, 2011 at 8:18 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The reading of the rights applies only to suppress inculpatory statements given by someone in custody as a result of interrogation. It does not mean a case is dismissed unless there is no other evidence.
Answered on Sep 09th, 2011 at 6:08 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Whenever a person is placed into custodial care, or is otherwise made to believe they are in police custody and are not free to leave, they must be given their Fifth Amendment rights known as the Miranda Warning. If one is made to feel they are not free to leave they should be advised of their rights. If in this situation you should state that you would like an attorney before any questioning is initiated. Once you do that you have exercised your Fifth Amendment right against self-incrimination and no further questioning can take place. Statements made after a person has invoked their rights cannot be used as evidence if no attorney was present during questioning.
Answered on Sep 08th, 2011 at 9:03 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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You have to be given your Miranda rights if you are arrested before the police can question you. However, the police can ask for information from you, such as your name, address, why are you where you are, etc. without giving you your rights as long as you're free to leave. You're under arrest when you are not free to leave whether you've been told you're under arrest or not.
Answered on Sep 08th, 2011 at 3:06 PM
Michael J. Breczinski
No they only have to read you Mirandsa if you are in custody and they want to interrogate you. If thye just arrest you and aren't asking questions that could incriminate you then they DO NOT have to read you Miranda. This is NOT TV, it is real life.
Answered on Sep 08th, 2011 at 3:04 PM
Jacob P. Sartz
"Miranda Rights" refer to person's right to council and their right to remain silent if the police wish to interrogate someone while they are in police custody. Yes, the police may arrest a person without reading them their Miranda rights. However, whether a person was notified of their Miranda rights is a big issue if there was an alleged confession.
Answered on Sep 08th, 2011 at 3:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes. Miranda right are only necessary if the arresting officer is going to question you or attempt to obtain additional information from you.
Answered on Sep 08th, 2011 at 1:17 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes you could still be arrested. Miranda concerns admissibility of confessions after an in custody interrogation.
Answered on Sep 08th, 2011 at 1:01 PM
Gary Moore
Miranda rights must be read to a suspect before questioning. If they were not any statement by the suspect may be suppressed at his or her trial.
Answered on Sep 08th, 2011 at 12:59 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You DO NOT have to be read Miranda rights to be arrested.
Answered on Sep 08th, 2011 at 12:55 PM
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Yes. You only get your Miranda rights read to you if the police are going to interrogate you. And the remedy is they will suppress any statements you make if they are not given.
Answered on Sep 08th, 2011 at 12:54 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Any custodial statements are normally suppressed if Miranda warnings were not given the charges are normally not dropped.
Answered on Sep 08th, 2011 at 12:42 PM
Steven D. Dunnings
You can still be arrested. The only reason for Miranda rights is to make certain that any confession you make, while in custody, is knowing and freely given with the knowledge that you waived your right to an attorney.
Answered on Sep 08th, 2011 at 12:39 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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There is probably no greater misunderstanding about an a particular criminal procedure than Miranda Rights. Movies and television haven't helped to clarify it any. The police only have to give you such warnings when you are in their custody (not free to leave) and they wish to interrogate you or ask you potentially incriminating questions. Miranda only applies to statements and any evidence that is obtained as a result of those statements. Miranda has nothing to do with the validity of the arrest itself. A Miranda violation by the police will never effect the validity of the arrest. A violation could only suppress incriminating statements and possibly evidence that was obtained as a result of those statements that would not have been inevitably discovered. Sometimes, due to suppression of statements and evidence, the prosecution has little or no evidence left with to pursue the case and will drop the case because of it. Have an experienced criminal attorney carefully review the police report for any errors that could get the charges reduced or dismissed.
Answered on Sep 08th, 2011 at 12:37 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It's a common misconception that just because you get arrested, you must have your rights read to you. Not so. Miranda rights only come into play if you're in custody (arrested) and are being questioned. Then, they must read you your rights or the statement is inadmissible.
Answered on Sep 08th, 2011 at 10:34 AM
Daniel Kieth Martin
Yes you can still be arrested. Police do not have to read you the Miranda rights. The name 'Miranda Rights' comes from a case called Miranda v. Arizona. All it really stands for is the idea that if an officer is asking you questions during his investigation of a crime, you must be advised that you have the right to have a lawyer present during questioning. If the officer asks you questions and you answer without having waived your right to have an attorney present then then answers you give cannot be used in the 'case-in-chief', or the prosecutor's main case. If you take the stand at trial and say something other than what you said to the officer then the officer can testify about what you said to him even if you were never read your Miranda rights. The 'Miranda warning' gets a lot of attention in the media. In reality it plays a very small role in the everyday criminal justice process.
Answered on Sep 08th, 2011 at 10:09 AM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Your Miranda rights are really only relevant if the police are interrogating you and plan on using your answers against you. Failure to read an arrestee his Miranda rights almost never results in charges being dropped. The best that might happen is that your responses to their interrogation may not be admitted as evidence if your case goes to trial.
Answered on Sep 08th, 2011 at 9:52 AM
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Miranda only needs to be recited if there is questioning involved. Failure to read Miranda can result in statements being thrown out, but not the entire case unless the case is based on a confession. 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.
Answered on Sep 08th, 2011 at 9:51 AM
Samuel H. Harrison
No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and(3) wants to question that person. No questioning = no warning necessary. If the person is not read the warninga statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.
Answered on Sep 08th, 2011 at 9:39 AM
Miranda rights are necessary prior to the police questioning you if you are a suspect in a criminal matter. An arrest without questioning can be done without the reading of rights.
Answered on Sep 08th, 2011 at 9:39 AM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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"Miranda Rights" or the duty of police to inform you of your right to remain silent and not answer their questions, is still part of our law. Whether you can be arrested and charged with a crime could depend on if you, under questioning, unknowingly make a statement to cops that links you to a crime. There is also a custody element to "Miranda." This is a complex concept that must be carefully analyzed on a case-by-case basis by an experienced criminal defense Attorney. You need this information before you can decide what to do. Thus, you should see a veteran Attorney (most offer a free consultation) so you can have your factual situation checked out, and get the law and your defenses clearly and completely explained to you.
Answered on Sep 08th, 2011 at 9:27 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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NO. a failure to give youa Miranda warning is ONLY useful if youmake an incriminating statement. If you can prove that they didn't give you Miranda rights THAT STATEMENT can be kept out.
Answered on Sep 08th, 2011 at 9:19 AM
Of course you can. In fact, Miranda doesn't even have to be read until "after" you are arrested, and "only" if they intend to question you further. Most cops are trained to get everything out of you "prior" to arrest, so that once you are under arrest, they don't even need to talk to you anymore, because they have all they need.
Answered on Sep 08th, 2011 at 9:12 AM
Miranda rights are only related to questioning, not arrest. You can certainly be arrested, but not questioned, without being yur Miranda rights.
Answered on Sep 08th, 2011 at 9:03 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Yes.
Answered on Sep 08th, 2011 at 8:57 AM
There is no requirement that an officer read Miranda at the time of the arrest (contrary to what you see on TV). The Miranda requirement is only necessary for the suspect to waive his right to remain silent and make an admissible statement.
Answered on Sep 08th, 2011 at 8:45 AM
It is amazing how much people generally do not know about Miranda rights, and how much of what people do generally know is wrong. The police do not have to give the Miranda warning to everyone that the police arrest. Everyday people are arrested and then later convicted and the defendant's Miranda rights do not in any way enter into it. The only time a police officer needs to give a defendant, suspect, or detainee the MIranda warnings is when the police intend to use that person's statements against that person in court. So, it would stand to reason that a person should keep their mouth shut to police, especially after the police tell you that "you have the right to remain silent."
Answered on Sep 08th, 2011 at 8:41 AM
The only way your charges will be dropped if they don't read you your rights is if you admitted the charges.Your Miranda rights are basically explaining to you that you have the right not to talk to the police and to have an attorney there if you do talk to them.The police are supposed to read you your rights so that anything you say can be used against. you.Just having your rights read to you does not affect the ability of a police officer to arrest you.
Answered on Sep 08th, 2011 at 8:35 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes you can still be arrested. Miranda prohibits use at trial of your statements and what's known as the 'fruit of the poisonous tree', that is things the police are able to learn from your statements. It does not stop you from being arrested. Miranda allows the defendant to move to suppress the post-detention statements s/he made. Once suppressed, the prosecution can't use them as evidence.
Answered on Sep 08th, 2011 at 8:33 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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They are supposed to read you your rights upon your arrest. The remedy is not dismissal. It is that any statements you made in violation of your rights can't be used against you at trial.
Answered on Sep 08th, 2011 at 7:52 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Miranda warnings SHOULD be read at the onset of an arrest; however, it is only mandatory if the police are going to question you. If you made an incriminating statement and the police did not read you your Miranda warnings, then the statement may be suppressed after a motion. However, that does not mean the case will get thrown out. Hire an experienced criminal defense attorney and talk to them about your options.
Answered on Sep 08th, 2011 at 6:45 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No they don't and no charges cannot be dismissed because of this. The only thing that is excluded is any statements made while under arrest without the rights being read.
Answered on Sep 08th, 2011 at 6:45 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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The police have to read you your Miranda Rights when you are in a custodial environment and being questioned.
Answered on Sep 08th, 2011 at 6:13 AM
The police only need read you your Miranda rights if they are going to question you when they have detained you. Failing to do this only restricts them from using the statements and any evidence brought about by the statements in court.
Answered on Sep 08th, 2011 at 6:01 AM
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Police only have to read the Miranda rights to someone that is in custody while they want to question them. Otherwise, they do not. If the police do not obtain a Miranda waiver while they question someone that is in custody, the statements are not admissible at trial. Always ask for a lawyer and only talk to the police with your lawyer present. Just refuse to talk without a lawyer. The police will specifically not tell you what they are investigating or whether you are a suspect. Also, if you make statements about a different crime while talking to police, they can arrest you for that. Police can lie to you.
Answered on Sep 08th, 2011 at 6:01 AM