QUESTION
In a shoplifting case when the police officer comes to the store, aren't they supposed to read me my Miranda rights?
Asked on Aug 26th, 2013 on Criminal Law - North Carolina
More details to this question:
If they don't read me my Miranda rights, which became effective in 1966, what happens in a shoplifting case?
15 ANSWERS
Thomas Edward Gates
Were you arrested? Miranda only applies when you are arrested and detained. You likely were free to leave after contact information was provided.
Answered on Sep 05th, 2013 at 3:18 PM
2 Awards
Most likely, nothing. Miranda only applies if the cops want to ask you questions. If they just provided you a citation and/or arrested you for shoplifting, Miranda would not apply.
Answered on Sep 05th, 2013 at 3:18 PM
Alexis Anne Plunkett
If you are simply arrested, the police are not required to read your rights. Miranda is invoked if the police question or interrogate you.
Answered on Sep 05th, 2013 at 3:18 PM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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Only if they want to use a statement you may make or confession you may make at the trial.
Answered on Sep 05th, 2013 at 3:18 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Miranda rights are not required to be read upon arrest. They only apply in certain circumstances. If in situations where they are required, a failure to Mirandize almost never results in a dismissal. Instead, any statements you made may be suppressed.
Answered on Sep 05th, 2013 at 3:18 PM
James Edward Smith
They only need to read them if they are arresting you.
Answered on Sep 05th, 2013 at 3:17 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon when he questioned you. I would need more facts. The best you could hope for if Miranda is an issue, is the suppression of any statements may have given. However, if they have you on video tape or a security officer saw you and stopped you, suppression of statements is not going to hurt the case against you.
Answered on Sep 05th, 2013 at 3:17 PM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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No Miranda violation unless you are in custody and you are being interrogated. Miranda is so watered down by the courts that it means almost nothing.
Answered on Sep 05th, 2013 at 3:17 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Just because the police did not read you your Miranda warnings does not mean the case gets automatically dismissed. It means that, if you made any incriminating statements that were the product of something referred to as "custodial interrogation," then the incriminating statements should be suppressed. It is common for the police to not mirandize shoplifting suspects because they usually have plenty of "other" evidence (such as the store's video surveillance system and the observations of the loss prevention personnel) to convict. That's why the police also rarely mirandize in drunk driving cases usually all the police need to convict is the results of the Breathalyzer machine of blood tests.
Answered on Sep 05th, 2013 at 3:17 PM
Michael J. Breczinski
They only have to read you Miranda if after they arrest you, then they want to question you about the matter. If they just arrest you or give you a ticket then no Miranda is required.
Answered on Sep 05th, 2013 at 3:17 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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The question of whether you were read the Miranda warning really only matters when it comes to interrogation. If the police interrogate you without informing you of your rights, then they may not be able to use your answers at the trial. They can still prosecute you. In fact, there is some argument about whether they even need to give the Miranda warning anymore, because everyone is already aware of their rights as your question confirms.
Answered on Sep 05th, 2013 at 3:17 PM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Sep 05th, 2013 at 3:17 PM
Criminal Defense Attorney serving Alhambra, CA
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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 Sep 05th, 2013 at 3:17 PM
They only need to Mirandize you if they actually arrest you. Failure to mirandize you will not void the charge and/or arrest, but will prevent any evidence gained in violation of it from being presented at trial. In other words, if you were actually arrested, and you were not mirandized, any statements you made could not be used against you, but if you were not actually arrested, then anything you said can be used in court.
Answered on Sep 05th, 2013 at 3:17 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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Miranda is only relevant if the prosecutor wants to introduce a statement. If they do not, there is no need.
Answered on Aug 28th, 2013 at 11:48 AM