QUESTION
Is it legal if I didn't get my Miranda rights when getting arrested and just read it to me at the station?
Asked on Apr 08th, 2013 on DUI/DWI - Michigan
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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The more important question is, what statements did you make after you should have been "Mirandized?" This is a question you should ask a DUI defense specialist when you call looking for representation, it seems like you want to beat the case, you will need a lawyer to help you.
Answered on Apr 09th, 2013 at 7:53 PM
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 Apr 09th, 2013 at 2:36 AM
Yes it is legal. Miranda does not have to be read until after you are arrested (ie. cuffed), and only if there is post-cuffing interrogation.
Answered on Apr 09th, 2013 at 12:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without more details, yes.
Answered on Apr 08th, 2013 at 1:30 PM