When being arrested do the arresting officer have to tell you what you are being arrested for and read you your rights

Asked about 2 years ago - Richardson, TX

was arrested in a drug sting after the transaction was made

Attorney answers (2)

  1. Mitchell Scott Sexner

    Pro

    Contributor Level 17
    Best Answer
    chosen by asker

    Answered . Yes. The case does not go away however if they have not. Your attorney will only be able to file a motion to keep out any statements you made after the time your rights should have been read to you.Sincerely,

    Attorney Mitchell S. Sexner
    Mitchell S. Sexner & Associates LLC /o
    Defending your rights since 1990
    1 (800) 996 -4824
    Email: : msslawoffices@sbcglobal.net
    Website: Criminal and Traffic Attorneys

    Answers presented on this website are intended only for informational purposes and any use of the contained... more
  2. Michael Leighton D'Antoni

    Contributor Level 10

    Answered . Not necessarily. They should tell you what you are being arrested for. They only have to read you your rights if they are going to interview / interrogate you or try to elicit any statements from you once they have decided to arrest you. I had a case where they just told my client he was under arrest (not specific for what) and then read him his Miranda Rights. The judge in that case ruled the only thing that mattered was that my client knew he was under arrest and the Miranda rights were properly given.

    You should speak with a criminal defense lawyer as soon as possible. If you were interviewed by the police after being taken into custody, tell your lawyer that you were not given your Miranda Rights.

    Good Luck!
    Leighton D'Antoni
    Attorney at Law

    Law Offices of Leighton D'Antoni
    Founders Square
    900 Jackson St. Suite 750
    Dallas, TX 75202
    (214) 960-9360 (phone)
    (214) 666-3901 (fax)
    DANTONILAW.COM

    *licensed to practice law in the States of Texas and California

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