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

Asked almost 2 years ago - Porter, TX

Charged with a misdmeonor for theft

Attorney answers (2)

  1. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Daniel P. Hilf

Driving While License Suspended

Driving While License Suspended or Revoked in Michigan is a misdemeanor offense (according to MCL 257.904(3)(a)) that carries a maximum potential jail sentence of up to 93 days, and/or a... more

Civil rights of defendants in criminal cases

Civil rights in criminal cases include the protections provided by the Bill of Rights as well as other rights established by court precedents.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,171 answers this week

3,342 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,171 answers this week

3,342 attorneys answering