Wat can i do when mi not read my rights when picked up on a warrant

Asked about 2 years ago - Saint Robert, MO

I was arrested on a warrant n they nave read me my rights

Attorney answers (3)

  1. 2

    Lawyers agree

    Answered . Contact an attorney immediately to be with you if you are questioned. Do not say anything to the police. they are not allowed to ask you any questions without reading you your rights. I suggest you hire an attorney immediately.

    NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a... more
  2. 2

    Lawyers agree

    Answered . When you say "my rights", you are referring to your Miranda Rights. Those rights, such as "you have a right to remain silent, anything you say and do can and will be used against you in a court of law," etc., only apply to what is called "custodial interrogation". What that means is that you must be arrested and you must be questioned by police prior to the police legally having to read you your rights. If you are arrested and you make statements on your own without being questioned, those statements can be used against you because you were not being questioned. However, if you are arrested and the police begin asking you questions, then they must read you your Miranda warnings if they intend on using those statements against you in a later court proceeding.
    I agree with the other attorney, however, when he says that you should make no statements under any circumstance and that you should hire an attorney to assist you through this process immediately.

  3. 1

    Lawyer agrees

    Answered . Your Miranda warnings only apply if the State will seek to introduce any statements you made while in custody at trial. If you kept your mouth shut or if you were not asked anything about the underlying offenses for which you were arrested than the failure to advise you is meaningless. Get an experienced criminal defense attorney to represent you asap.

Related Topics

Arrest for criminal charges

Arrest is when a law enforcement officer takes you into custody, typically to jail. Officers must have a warrant or probable cause in order to arrest you.

Arrest warrant for criminal charges

A court grants an arrest warrant to allow law enforcement to arrest a certain named person on sight, without having to have other probable cause.

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