QUESTION
Is it legal if I was arrested for public intoxication and was never read my Miranda rights any time before during or after my release?
Asked on Dec 23rd, 2012 on Criminal Law - Georgia
14 ANSWERS
Michael J. Breczinski
Yes, they only have to read Miranda if they are going to question you after the arrest. If they just book and jail or ticket you then they do not have to read it to you.
Answered on Dec 30th, 2012 at 10:18 AM
The police don't have to read you your rights unless you are being interrogated while in custody. Doesn't sound like your arrest was illegal.
Answered on Dec 30th, 2012 at 10:15 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, it's legal. 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 Dec 30th, 2012 at 8:56 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Miranda rights only serve to suppress statements made in response to custodial interrogation; it will not result in the dismissal of your public intoxication charge.? Hire a lawyer to defend you on that charge.
Answered on Dec 30th, 2012 at 8:34 AM
Miranda only has to be read after you are cuffed, and only if the cop intends on interrogating you further. Most cops are trained to get everything from your mouth prior to cuffing you, so Miranda rarely applies in the real world.
Answered on Dec 27th, 2012 at 4:05 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It's not like the movies. Just because you're arrested doesn't mean you have to be read your rights. It's only if you're in custody and being interrogated.
Answered on Dec 27th, 2012 at 4:04 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Yes, it's legal. The police are not obligated to automatically read Miranda rights to you when you are arrested. Television and the movies get Miranda rights completely wrong.
Answered on Dec 27th, 2012 at 4:03 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Only if you made statements subject to interrogation to be used against you.
Answered on Dec 27th, 2012 at 4:03 PM
Gary Moore
The Constitution right which you inquire about is the right to remain silent and to not be subject to being compelled to provide evidence against yourself. If you gave no statement which would be used against you at trial, you were not deprived of this Constitutional right.
Answered on Dec 27th, 2012 at 4:02 PM
Miranda rights relate to interrogation after being arrested. If you are not read these rights anything you say to the police can be kept out of court. While the testimony of the Defendant matters in any case, in intoxication cases the physical evidence of the the way a person was walking, manner of speech, and general physical appearance may matter more as much as an admission of intoxication.
Answered on Dec 27th, 2012 at 4:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, it is legal that your rights were never read to you, and you probably know your rights anyway. It would not become a real issue unless you admitted to doing something, confessed, without having been read your rights.
Answered on Dec 27th, 2012 at 4:01 PM
1 Award
If the police never interrogated you after they arrested you, then yes, it is legal.
Answered on Dec 27th, 2012 at 4:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In your case the lack of Miranda rights will probably make not difference, get an attorney to defend you.
Answered on Dec 27th, 2012 at 3:57 PM
Thomas Edward Gates
Yes, it is legal. Your rights come into play when making a statement about the matter. Here, it doesn't appear that you were required to make any statement.
Answered on Dec 27th, 2012 at 3:57 PM