QUESTION

Are the police supposed to read your Miranda rights? If not, what should I do?

Asked on Aug 18th, 2013 on Litigation - Nevada
More details to this question:
I was in front of my house the lady came up to me yelling so the police officers locked us both up but never read me my rights. This is for North Carolina.
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5 ANSWERS

James Edward Smith
If they catch you in the act they don't need to.
Answered on Aug 27th, 2013 at 11:56 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 Aug 27th, 2013 at 11:56 AM

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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 Aug 27th, 2013 at 11:56 AM

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Alexis Anne Plunkett
The police only have to read Miranda if they question or interrogate you. If they simply arrest you without questioning, your rights do NOT have to be read.
Answered on Aug 27th, 2013 at 11:56 AM

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Obviously, they let you out or you posted bond, but much depends on your circumstances. You don't say why "the lady" was yelling at you, what she was yelling, why you remained outside of your house to be yelled at, or why the police were there. The constitutionally protected right against self-incrimination, generally known as Miranda Rights, only apply after arrest and during interrogation. Simple questions asked by police do not usually count as interrogation. Anything said spontaneously (to anyone) before arrest, at the scene, during booking, or later is fair-game to police as far using your statements against you. There is a lot of wiggle room for police as it relates to what "under arrest" means. Don't assume that having cuffs on or sitting in a squad car means you are technically "under arrest." If you don't exercise a right, it doesn't exist. So, begin your Miranda rights at the beginning. Explaining yourself to police, or telling "your side of the story" expecting to be released is generally folly. As a general rule of thumb, if you are faced with a police officer questioning you and 1) you didn't call them, and 2) you don't want or need their help, then 3) they probably think of you as a suspect involved in a criminal act. The best reasonable response under these circumstances is to calmly and politely tell the officer you might answer their questions but only after speaking with an attorney. You need not have an attorney at the time, you don't need an attorney on "retainer", and you are not required to tell them a name of an attorney. You are, however, required to tell police, if they ask, your complete, legal name. And, if they arrest you and fingerprint you, then you are required to admit the fingerprints are yours, but that is all. Just remain calm and keep protecting your rights, and say nothing.
Answered on Aug 27th, 2013 at 11:56 AM

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