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Posted over 1 year ago.

So after the first questioning session, 9 days later they decide they want to question again, they don't have to read the Miranda rights any more?

William A. Jones Jr.
William A. Jones Jr., Criminal Defense Attorney - Wexford, PA
Posted over 1 year ago.

I will of course let Attorney Holbrook speak for himself on this, but I suspect he was not thinking in terms of the time separation you posted in your comment. I do not think a court would find a 9-day-old Miranda Waiver to be of continuing validity. Again, these issues are very fact dependent. The best course of action is not to waive that most important right at anytime.

Douglas Holbrook
Douglas Holbrook, Criminal Defense Attorney - San Diego, CA
Posted over 1 year ago.

What I said was that once the detectives have advised the suspect of their rights, they do not need to re-advise during the remainder of the questioning session. Once the session is over, if they decide to re-question, they need to re-advise. Deciding to question again, nine days later, would appear to me to be a whole new session, requiring a re-advisal of those rights.