QUESTION
What are my options if the arresting officers read me my rights after I was initially questioned?
Asked on Oct 12th, 2011 on Criminal Law - New Jersey
More details to this question:
I was questioned before I was arrested without being read my rights. I told them my side of the story. Then at the police station, I was read my rights and questioned again. I told them the same thing. Did the officers handle the situation unprofessionally? Can I benefit from this in any way?
24 ANSWERS
Jacob P. Sartz
Speaking generally, Miranda rights apply during custodial interrogations. The key issues are whether the person was in custody at the time (i.e., unable to freely leave, and whether the police were questioning the suspect.) If there were issues with any alleged statements made a during a custodial interrogation, a properly filed and argued motion to suppress may result in the court excluding those statements from being admitted at trial.
Answered on Nov 11th, 2011 at 12:41 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends. They would only have to read you your rights if you were in their custody. It would depend on when and where the first set of questioning took place. Have an experienced criminal attorney review the record and police report to determine if it was proper or not and what motions may be made regarding it.
Answered on Oct 20th, 2011 at 1:44 PM
No. You could have refused to answer questions,but you chose to answer. The police have not acted improperly. Certainly, they can at a minimum use whatever you told them after they read you your rights.
Answered on Oct 18th, 2011 at 11:28 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, rights are not required prior to arrest.
Answered on Oct 17th, 2011 at 3:42 PM
To fully answer this question one would have to review the police report. If you were not the focus of the investigation at the time of initial questioning it may have been ok. You should have the situation reviewed by a competent attorney.
Answered on Oct 17th, 2011 at 2:11 PM
Had you not been questioned again and had you not given an identical answer, you might have been able to file a motion to suppress that evidence as violative of your Fifth Amendment rights. It can still be tried, but the argument will be weaker. Never allow police to question you without a criminal defense attorney present.
Answered on Oct 14th, 2011 at 1:31 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Miranda rights only apply after you are in arrest. In the scenario you described, it appears that after a waiver you gave a statement which makes it admissible in court. The officers did not need to read you a rights warning before arrest. The officers after arrest need to read your rights to you. I don't believe there is any benefit to you from the facts you stated.
Answered on Oct 14th, 2011 at 11:02 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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People in American watch too much television. Not having your rights read to you doesn't mean a thing. It is only if you make an incriminating statement, that you can keep it out of the case. For this case, after they read your rights you kept running your mouth. No harm, no foul.
Answered on Oct 14th, 2011 at 2:42 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You are not entitled to the reading of the Miranda rights unless you are in police custody and being interrogated. If the police do not have you in custody which is defined many ways which would need to be explored in your case, then even responses to their questions, without warnings, are admissible. The fact that after you were read your rights you provided the same information may diminish any complaints you have, but not always. There is an argument that you repeated what you said earlier despite the warnings because you had already told them the same. The only thing that happens if Miranda is violated is that any unwarned statements made in response to custodial interrogation are suppressed. The case is not dismissed on that alone.
Answered on Oct 13th, 2011 at 10:36 PM
If you can get help on your case because of what you wrote an attorney would have to know what happened at the time of your first statement.
Answered on Oct 13th, 2011 at 10:29 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. They can question you before making an arrest as part of their investigation. But, once you are under arrest then you must be advised of your rights.
Answered on Oct 13th, 2011 at 10:25 PM
Yes they followed the law, and you don't benefit in any way. Prior to arrest, all contact is considered consensual, so no rights have to be read.
Answered on Oct 13th, 2011 at 10:21 PM
Samuel H. Harrison
I doubt you are going to get much help out of this. It sounds like the officer let you tell your side of the story and, when you had said enough to give him probable cause t arrest you, he did so. The Miranda warning has to be read if an officer wants to question someone who is in police custody. If you have a chance, it will be that a trial court decides that you were not free to leave the officer when he first questioned you.
Answered on Oct 13th, 2011 at 10:17 PM
It depends. You are only read your Miranda warning when you are in custody and being interrogated. You will need to have your attorney review your case and see if you have a valid Miranda motion.
Answered on Oct 13th, 2011 at 10:08 PM
Michael J. Breczinski
You only have to be read your rights when you are under arrest and the police want to question you about the crime. You need an attorney.
Answered on Oct 13th, 2011 at 10:08 PM
Daniel Kieth Martin
Unfortunately there is probably not much that you can do because I have had this situation and argued that the only reason that the second statement was made was because 'the cat was already out of the bag' so to speak. Judges have never agreed with my argument. They always rule the the second statement was not Miranda defective and therefore it is admissible.
Answered on Oct 13th, 2011 at 10:06 PM
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More information is necessary. However, an officer only needs to read you your rights if you are being interrogated and your in custody. That does not mean that you cannot exercise them at any moment. If you know your rights before being arrested, why wouldn't you exercise them? After being arrested, why would you still not exercise them? It's difficult to say whether or not that will harm you because "custody" can mean different things and is not necessarily tied to being arrested. You should consult a local attorney to discuss this further.
Answered on Oct 13th, 2011 at 9:24 PM
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If he questioned you without first reading you your rights and the info he obtained could be used against you, you may be able to get this evidence suppressed. Consult with an attorney.
Answered on Oct 13th, 2011 at 9:11 PM
Theodore W. Robinson
Yes, you can benefit from this sequence - if the police admit that's the way it went down. However, that has never been my experience of how the police testify. They will usually either deny they ever questioned you initially or say you volunteered the information or say it was part of an Administrative inquiry and you were not even a suspect, so there was no necessity torecite your rights to you. Speak to an experienced criminal defense lawyer who is local to you or to the court in which you must appear.
Answered on Oct 13th, 2011 at 8:57 PM
3 Awards
You need to hire an attorney to fight the Miranda issue you have. Very complex differentiating between investigative detention and interrogation.
Answered on Oct 13th, 2011 at 8:32 PM
Transportation Attorney serving Mamaroneck, NY
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Sounds like the police did everything by the book. While you never have to talk to the police only at certain stages will they have to read you your rights.
Answered on Oct 13th, 2011 at 8:11 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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The state might not be able to use your first statement, but after you were read your rights you made a second statement and that can be used against you.
Answered on Oct 13th, 2011 at 8:11 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Your Miranda rights are required to be read to you when you're 1) in custody and 2) being questioned. The big question is going to be whether or not you were "in custody" during the first conversation. If you were and they failed to advise you of your rights, the first statement is out as will likely be the second. "Custody" means a formal arrest or the functional equivalent of an arrest. The facts surrounding the first conversation must be discussed in great detail with your attorney. Search and Miranda questions are highly fact-specific. If any statement taken was in violation of Miranda, that statement is out, but if there is enough evidence to proceed without your statement, it doesn't necessarily mean the whole case will be dismissed.
Answered on Oct 13th, 2011 at 8:10 PM
Gary Moore
You may be able to get a court order suppressing the use of your statements by the prosecutor at trial.
Answered on Oct 13th, 2011 at 8:09 PM