QUESTION
If arrested with a warrant does the Miranda rights need to be told to the person?
Asked on Oct 30th, 2014 on DUI/DWI - California
More details to this question:
A friend of mine was involved in an accident were the vehicle was completely wrecked and him and the passenger suffered some injuries. The alcohol level during the accident was 0.7 and the blood test was 0.5 well under the limit. He was not given any medical attention until afterwards he was released he sought out himself. A few months after sheriffs arrested him with a warrant but he wasn't Mirandized and taken to county for 3 days. Can he do anything about it?
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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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 Nov 03rd, 2014 at 12:48 AM
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 Oct 30th, 2014 at 5:36 PM