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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

Posted

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.

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Posted

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.

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Posted

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

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Posted

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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