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

Asked over 1 year 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

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