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If a person is placed in jail and is not read his Miranda Rights till the day he is released is that legal?

Pecos, TX |

Was taken by city pd and placed in jail for the night then transfer over to county jail and stayed there for 3 days in release date was read my rights

Attorney Answers 4


  1. Lord knows why they bothered to do it then. No, it's never "illegal" not to Mirandized someone. It merely affects the admissibility of things they might have said unmirandized under certain circumstances.


  2. Yes. The police do not have to read you your Miranda rights at all. The only time they are relevant is at trial. If the State seeks to introduce statements you made while in custody and you were not Mirandized, those statements are inadmissible.

    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.


  3. Being mirandized only affects the admissibility of certain things at trial.


  4. Miranda warnings only apply to statements made after a person is placed in custody. If the state doesn't intend to use any statements then there is no harm.
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    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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