QUESTION

What should I do if an officer has you come to a police station knowing they are going to arrest you prior to questioning but no rights was read?

Asked on Feb 07th, 2014 on Criminal Law - Oregon
More details to this question:
They were charging me with a disorderly conduct that happen 22 days ago. Police were on the scene that night but no arrest was made. I was asked to come to the station, was told it would take two hours, was questioned there and then booked. At this point, the officer admitted to me that she knew it would take at least two hours. Nobody read me my rights at any point.
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7 ANSWERS

Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interrogation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal re-partition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor's case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answered on Feb 11th, 2014 at 3:20 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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It may be possible to suppress the statement you gave to the police. That won't necessarily win you the case, but it might improve your chances. Hire a lawyer immediately and DO NOT under any circumstances talk to the police without your lawyer present.
Answered on Feb 11th, 2014 at 3:19 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Police officers don't have to read you your rights at all, even if they arrest you. The only time they read you your rights is if they want to question you while in police custody and use your testimony against you in court. Disorderly conduct is a misdemeanor so that means the prosecutor has up to 1 year from the date of the incident to file charges against you. Doesn't sound like the police did anything illegal in your situation.
Answered on Feb 11th, 2014 at 3:19 PM

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Corporate and Business Organizations Attorney serving Columbus, OH at Arnold & Clifford LLC
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It sounds like you will need to obtain representation to deal with these charges. Your statements to the police may be the basis of your charges, and perhaps your attorney can negotiate a reduced charge in light of the police failure to make you aware of your rights.
Answered on Feb 11th, 2014 at 3:19 PM

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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.
Answered on Feb 11th, 2014 at 3:18 PM

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Robert J. Sayfie
You should not go in for further questioning. The further questioning allows them to get you to admit things so they can charge you. If you voluntarily go in for questioning, you are not in custody, so they don't need to read Miranda rights.
Answered on Feb 11th, 2014 at 3:18 PM

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Alimony Attorney serving Klamath Falls, OR at EveLyn Oldenkamp
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You may have a valid motion to suppress depending upon the factual circumstances. You should ask for an attorney at your arraignment. If you do not qualify for a court appointed attorney, hire one. Best of luck.
Answered on Feb 11th, 2014 at 3:17 PM

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