QUESTION

Was the police officer supposed to read my Miranda rights when he re-arrested me?

Asked on Apr 22nd, 2013 on Criminal Law - South Carolina
More details to this question:
I was in jail and was brought to court. I was released and put on supervised probation. The police re-arrested me but did not read my Miranda rights.
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6 ANSWERS

Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Police officers can arrest you without reading you your Miranda rights. They only need to read you your rights if they want to interrogate you while you're in police custody and use your testimony against you in court.
Answered on Apr 29th, 2013 at 4:13 AM

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Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. For certain types of charges, you have a right to counsel. The police only need to advise you of your Miranda rights when they plan to interrogate you while you are in custody. There are plenty of situations where the police have no plans to interrogate anyone so they don't bother to issue the Miranda rights when they arrest someone. Whether the arrest itself was valid, however, ultimately depends on a litany of other factors as well. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer.
Answered on Apr 25th, 2013 at 12:20 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 Apr 24th, 2013 at 3:59 PM

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Michael J. Breczinski
Police only have to read you Miranda if after the arrest they want to interrogate you.
Answered on Apr 24th, 2013 at 3:59 PM

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Litigation Attorney serving Charleston, SC at The Falk Law Firm, LLC
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If a police officer did not read you your Miranda rights it does not affect the legality of your arrest. However, if you made a statement while in custody and the police did not first read you your Miranda rights, the statement can be suppressed at your trial.
Answered on Apr 24th, 2013 at 3:03 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There are many misconceptions regarding Miranda rights, and it is not universally true that you must be given them on your arrest. If you have questions you will have to speak with an attorney about your specific situation.
Answered on Apr 24th, 2013 at 3:03 PM

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