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I was interrogated for hours and never cited my Miranda Rights then I was told that I was under arrest. Is this unlawful?

Duluth, GA |

I was brought in for questioning after my home invasion but I was never read the Miranda Rights. After interrogating me, the officers told me I was under arrest. Is this unlawful?

Attorney Answers 6


  1. The police may have said something like, "you know you are free to go at any time?" or stated that you were not under arrest. These are ways to indicate that you were not in custody, so they were not required to read you your miranda rights. My suggestion is that you hire a good criminal defense attorney who can review the tape of your statement and possibly file any possible motions to have your statement excluded.

    Good luck.


  2. No it is not unlawful. The real issue, however, is whether you they can use any statements you may have made while in custody against you if you were not Mirandized. You need to sit down with an experienced criminal defense attorney to discuss options and strategies.


  3. It is not illegal, but any information you gave while in custody may be able to be suppressed. More information would be needed to give a more detailed and better-informed answer though.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards.
    M. Jason Rhoades


  4. Your attorney will certainly look into the possibility of a motion to suppress any statements that you may have made during interrogation. Whether such a motion would succeed depends on details of the evidence, credibility of witnesses, etc etc. So, maybe there was a Miranda violation, and maybe not. If the judge finds that there was, the remedy is restriction on the prosecution's ability to use your own statements as evidence against you. Only in the most unusual circumstances, where the State has virtually no evidence outside of the defendant's statement, does a Miranda violation lead to the dismissal of a charge.


  5. These do not need to be read to you unless you are interrogated while in custody. They will argue that you were not arrested until after they spoke to you and therefore the rights did not need to be read. Home invasions are serious. Hire a skilled counsel.


  6. Yes, if you are being detained by police and they want your statement, you must be mirandized. If you were not detained and you voluntarily made a statement to the police, you may not be entitled to Miranda. It's best to hire a criminal defense attorney because all of these issues are incredibly nuanced. My office number is 478-742-8441.

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