QUESTION
When are the police supposed to read me my Miranda rights?
Asked on Mar 25th, 2013 on Criminal Law - New Hampshire
More details to this question:
I was arrested for possession and not read my rights which I thought they had to do but was later told they did not have to. At what point is someone supposed to read my Miranda rights to me? Or is that only in the tv shows?
5 ANSWERS
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There is not a simple answer to your question, it's a complicated issue. A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& a quote) you are seeking. Schedule a consultation ASAP. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.
Answered on Apr 01st, 2013 at 1:33 AM
Miranda rights are read when an individual who is under arrest or a suspect in a crime is in police custody and not free to leave. Before the police begin to ask questions about the event that cause the arrest or caused one to be a suspect, Miranda must be read if the police want to use the statements against the individual in a court of law. If the police fail to read Miranda rights, the statements do not come into evidence. If the police do not do any questioning or interrogating, there is no need to read Miranda rights.
Answered on Mar 26th, 2013 at 1:07 PM
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After your arrest but also only after the police have begun questioning you.
Answered on Mar 26th, 2013 at 1:56 AM
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The short answer is that the rights have to be given only when the police intend to use your statements given after arrest.
Answered on Mar 26th, 2013 at 1:43 AM
Police are required to Mirandize when the suspect/defendant is in custody before interrogation. If they don't want to question you, outside of standard booking questions, they are not required to read you Miranda rights.
Answered on Mar 26th, 2013 at 1:27 AM