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

Asked over 1 year ago - 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. M Elizabeth Gunn

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. Richard Timothy Jones

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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... more
  4. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

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