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

Richardson, TX |

was arrested in a drug sting after the transaction was made

Attorney Answers 2


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: :
Website: Criminal and Traffic Attorneys

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1 comment

Roger Justin Rivera

Roger Justin Rivera


Mr. Sexner, the arresting officer would not have to read you your rights if the arresting officer does not question the person about the arresting offense, right? That is my understanding.


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)

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

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