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Must you be read your Miranda Rights by officers prior to any interrogation while they have you detained?

Charlotte, NC |

Just wondering if this is in any way a violation of rights or do they actually have to arrest you first,then recite them to you, and then interrogate?

Attorney Answers 6


  1. Best answer

    You have to be first "in custody" and then being "subject to interrogation" by the officers for them to have to advise you of your Miranda rights. So, in this case detention (whether you were free to leave) is an issue to be addressed by the Court and whether the questioning amounted to true interrogation will be the second issue to be addressed by the Court.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


  2. I am A CA attorney but Miranda laws are the same everywhere. You could spend many hours answering this question. Miranda involves the question of when are you in custody? and what is an interrogation? This is way to complex and will require local criminal defense counsel be fully apprised of any and all facts relating to your question. Hire a lawyer or get a free public defender but do not rely on yourself as an attorney. Good Luck.


  3. The other folks are right on. You have to first figure out if you were "in custody," which is more complicated than you would think. You can be detained and the courts will decide that a reasonable person would have been free to leave, so anything you said can be used.

    This information is for educational purposes only and is not intended to form a client/lawyer relationship. You can contact me for a limited telephone consultation or an email consultation at my website, www.sjfarberlaw.com, which is listed below. In addition to operating my own firm, I also work for North Carolina Prisoner Legal Services, Inc., a non-profit law firm which exists to protect the rights of prisoners in the custody of the state of North Carolina. If a loved one is in prison in North Carolina, advise the inmate that they may write to North Carolina Prisoner Legal Services, Inc. NCPLS will review their case at no cost and will litigate at no cost to the inmate if the case meets NCPLS' standards. NCPLS can also provide some assistance to inmates seeking to represent themselves. I am also available for cases that do not deal with inmates incarcerated in North Carolina's jails and prisons.


  4. If you are subjected to a custodial interrogation, meaning you are questioned about a crime after an arrest, you must be read your rights under the Miranda decision.


  5. Yes. Miranda warnings are relayed to suspects to ensure protection of their fifth amendment right not to incriminate themselves and their sixth amendment right to counsel. An officer is only required to give the Miranda warning when there is a custodial interrogation. This means the suspect must be in custody, to the extent a reasonable ordinary person would feel they were not free to leave and there was an interrogation, meaning the officer asked a question of the suspect and the suspect did not simply blurt out a statement without being asked any question.
    In the event an officer fails to provide an adequate Miranda warning prior to a custodial interrogation the suspect could later move to suppress any statement they may have made, as it was a "fruit from the poisonous tree"


  6. Case law requires that law enforcement read the Miranda Rights to you if you have been placed into custody and they want to question you about that case. It does not include pedigree questions. Law enforcement may try to ask the arrestee about an unrelated case.

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