QUESTION

When you get arrested are you supposed to have your rights read to you?

Asked on Jun 13th, 2013 on Criminal Law - Michigan
More details to this question:
I was arrested on June 11, 2012 late that night into the early mornings of Junes 12, 2012 in Myrtle Beach. During this time, I was put in the back of transport vans and put in a cell for the night and my rights was not read to me. I was just wondering if they were supposed to be read to me although I went to jail on a minor infraction.
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7 ANSWERS

Michael J. Breczinski
No they only have to read your rights to you if AFTER you are arrested then they want to interrogate you.
Answered on Jun 20th, 2013 at 10:20 AM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Police don't have to read you your rights. The only reason they do read you your rights is if they want to question you and use your testimony against you in court. If what you did wrong was really obvious, then there is no reason for them to question you or read you your rights.
Answered on Jun 17th, 2013 at 9:38 AM

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Jacob P. Sartz
Generally speaking, in Michigan, the police would only "read" you rights if they wished to interrogate you, i.e., "miranda" rights, which govern custodial interrogations. A judge, at arraignment, though, will advise a defendant of their rights. Whether the police engaged in proper conduct during the arrest, though is always potentially an issue with any arrest and detention. If the police did not follow their proper procedures, that could impact your case. If you need specific legal advise, I'd recommend you privately consult with a lawyer.
Answered on Jun 17th, 2013 at 9:38 AM

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Geoffrey MacLaren Yaryan
Police are only required to read you your Miranda rights if they intend to question you after you are arrested or are in a custodial situation where you are not free to leave. Miranda rights concern protecting people from making incriminating statements in violation of the their 5th Amendment rights.
Answered on Jun 15th, 2013 at 4:40 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 Jun 15th, 2013 at 4:40 AM

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Miranda only has to be read after you are arrested (i.e. cuffed), and only 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 Jun 15th, 2013 at 4:39 AM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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One of the most misunderstood concepts in Criminal Law is the effect of not being "Mirandized." If one is not Mirandized, it does NOT mean their case is automatically dismissed. Rather, if an "un-Mirandized" suspect makes incriminating statements to the Police that were a product of "custodial interrogation," then those statement can be suppressed. For example, in Drunk Driving cases, the Police frequently do not Mirandize the suspect, because they don't need to try and get the suspect to verbally "admit" they were drunk - the Police can prove the person is drunk by their Breathalyzer or blood test results. As to your case, if you made any incriminating statements to the Police while you were in their "custody," and those statements were the product of police "interrogation," then you should be able to get those statements suppressed. Whether that results in your case being dismissed depends on how much the Police need your statements to prove their case. If you were arrested for allegedly being "drunk and disorderly," the Police probably don't need your statements to convict you. I hope that helps.
Answered on Jun 14th, 2013 at 12:00 PM

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