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My boyfriend and I were arrested for theft

Gettysburg, PA |

We were hand cuffed and taken to the station. They finger printed us and took our mug shots after which filling out paper work they released us. Should we have been read our Miranda rights?

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Attorney answers 5


You are going to receive a criminal complaint in the mail. You should retain a criminal defense attorney who will determine whether Miranda warnings has any applicability in your case. Good luck.



Thank you for your time.


Miranda is most relevant only if you made a statement while you were in custody or the functional equivalent of custody. Hire an attorney to determine if your Miranda rights were violated.


Generally speaking, officers who subject a defendant to custodial interrogation must begin by advising the defendant of his or her right to remain silent and consult with counsel prior to responding to questioning. Therefore, you must first be "in custody". Second, the officer must initiate questioning. Any voluntary statements or admissions that you or your boyfriend made on your own are not subject to the Miranda protections. Respectfully, however, I suggest that instead of trolling the internet for general legal advice, you and your boyfriend should each contact an experienced criminal attorney who can privately provide you with fact-specific legal advice. If you cannot afford to hire an attorney, contact the public defender in the county where you were arrested. Good luck!


For additional information about Miranda Rights, check out the link below.

However, the problem you are dealing with appears larger than your right to receive Miranda Warnings. While a theft conviction can have immediate criminal penalties, the nature of the offense negatively reflects on your character for honesty and trustworthiness and, therefore, can impair your ability to maintain and obtain employment.

You should consult with a criminal defense lawyer that practices in your area.

The information provided herein neither creates an attorney-client relationship nor should it be used or relied upon to make any decision in your case. Communications made in open forums are neither made in a confidential setting nor protected by the attorney-client privilege. You should consult directly with an attorney to obtain a full evaluation of your case.


Only if you were interrogated while in custody.

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