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When should police read you your Miranda rights?

Chandler, AZ |

a police officer is saying I gave him a bag of meth he didnt arrest me he filed a long form complaint instead should my miranda right still been told to me at the time, since he filed charges on me that came a year later??

Attorney Answers 3

Posted

The police are only required to read you your Miranda warning/rights if they intend on questioning you.

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Posted

When you are in custody and they are interrogating you.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

Miranda warnings only have to be read to you when:

1) you are in custody and not free to leave, and
2) the police want to interrogate you and get incriminating statements from you that they can later use against you.

It is a common misconception out there that Miranda warnings must be read in order for there to be a valid arrest or valid charge. But this is incorrect. It is perfectly legal for the police to question a person who is not in custody and never tell the person anything regarding their right to remain silent.

Police take advantage of the public's poor understanding of this concept. That's why the police will routinely call a suspect and ask him to come down to the station to give a statement. They have every intention of arresting him and getting incriminating statements from him.

BUT IF THE SUSPECT COMES DOWN TO THE STATION VOLUNTARILY, THEN HE IS NOT IN CUSTODY, RIGHT? HE IS FREE TO LEAVE, RIGHT? HE CAME ON HIS OWN, RIGHT? NO MIRANDA WARNINGS NECESSARY! AND EVERYTHING HE SAYS WILL STILL BE USED AGAINST HIM!

Or consider the situation where the police call the suspect and talk to him on the telephone. The suspect is not in custody. The police are recording. No Miranda warnings need to be given.... And everything he says on that phone call can be used against him.

This is why it is so important to remain silent at all times. No matter what, remain silent!

Here in the U.S.A., they still will not torture a suspect to get his statements (usually). But they will certainly trick him, lie to him, and deceive him.

NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.

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6 comments

Asker

Posted

what if you were in custody and you wernt free to go and they dont read you your Miranda warnings and your helad for over ten hours and search 5 times .

Paul E Knost

Paul E Knost

Posted

In that case, the admissibility of your statements could be challenged. Any statement that you made while in custody, under interrogation, without having your Miranda rights read to you can be challenged as inadmissible against you. However, if you made any "spontaneous" statements that were not the result of interrogation, they could still use them against you. A statement is not voluntary if it is the result of your will being overcome. But keep in mind that the remedy for a Miranda violation is simply suppression of your statements. It has no bearing on the legality of the arrest itself.

Asker

Posted

no i wouldnt talk to them and about 6 hours later they told me they would be charging me with conspercy in the 4th they said seen me droping and picking someone up who was charged with possion witch i didnt know i just gave him a ride.

Paul E Knost

Paul E Knost

Posted

They like to lie to people and say they have this evidence or that witness.... But it is just a trick to get you talking. They were planning to arrest you no matter what, so you were wise to not say anything to them.

Asker

Posted

yeah but while they had me at the present they never showed me a warrent they scared my mother and made her leve the house while they searched and they took money that my mother has been saving for me to move in to my own place and jewlery and never left any paper work on what they took and now after a mounth backing forth no one can tell use were our stuff is.

Paul E Knost

Paul E Knost

Posted

That is very unfortunate, I am sorry to hear that. These things do happen.

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