DUI arrest in Asheville, NC

Asked over 1 year ago - Asheville, NC

Does the officer who arrested me have to read me my Miranda rights And if so, is it recorded on video?

Attorney answers (3)

  1. Fred B. Amos II


    Contributor Level 15

    Answered . If you were arrested, it is proper procedure to read you your Miranda rights. However, if you were not read your rights, it simply means that answers to questions you were asked after your arrest cannot be used as evidence against you at trial. Good luck.

    Fred Amos provides legal representation in Wake County, North Carolina.... more
  2. Parker Evans Moore

    Contributor Level 5

    Answered . Miranda rights must only be read during a custodial interrogation. In other words, you must be (1) in custody and (2) be being interrogated, which means being asked questions about the specific crime for which you are in custody. If you're in custody but not being interrogated, no Miranda necessary. In layman's terms, not being Mirandized does not mean you're getting off. This can be a very, very technical area of criminal procedure and is something for which you should seek an attorney to represent you. Good luck!

    No advice provided by way of this website constitutes the creation of an attorney-client relationship in any way.... more
  3. Michael R Crosner

    Contributor Level 20

    Answered . Not unless you were being interrogated.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more

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