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I was intterogated without being read the miranda rights. Can they use that info against me.

Porter, TX |

Charged with a misdmeonor for theft

Attorney Answers 2


  1. In most situations where a defendant makes statements in response to police questions when the defendant is not in custody, those statements can be used in court even if Miranda warnings were not given. "In custody" has a technical meaning and to answer whether you were in custody would require a full case review. So, the answer to your specific question is "maybe".

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  2. If you were in custody, no. If you were not in custody, yes. As Mr. Pierce-Jones points out, "in custody" is a legal term that is very fact-specific. Generally, it hinges on whether you were free to go. Even if you were in custody, if the statements were made freely and not as the result of police questioning, they will still be admissible.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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