He may be correct. The police officer only has to read you your Miranda warnings if you are
A) Under arrest, and
B) Being questioned.
You do not have to be read your Miranda warnings outside of that. A police officer asking booking questions doesn't fall under Miranda warnings.
As a rule of thumb, booking questions mainly consist of what you would find on your own drivers license. Name, address, phone number, etc.
My Answers are only informational in nature and DO NOT constitute legal advice. This is a good thing because I like to speak to my clients and hear them out before giving them direct, personalized advice. Call, Email, or Text me to receive actual advice. Sincerely, Vijay R. Sharma, President of the Law Office of Vijay R. Sharma VRSLegal.com
Miranda warnings need not be given if nothing the detainee says is to be used against him in court. The warnings are required when the person is not free to go (arrested) and makes statements that could be used in court.
People watch too much TV. There is no absolute requirement that Miranda warnings be read toi every individual and any time there is police involvement.
He is right. The way it is done on TV is a dramatic way to use up air time without having to do any writing. They never have to read you your rights. If they want to use something you say while in custody against you they have to have read them to you and obtained a waiver. See the link below.
This is a criminal charge. You need a criminal lawyer, now.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced Criminal Defense Lawyer in Madison, Wisconsin
--- Facebook Page
--- Talking to the Police - Advice from Lawyers and Police
--- Miranda Rights (and Wrongs)
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
They only need to read you your Miranda Rights if they are going to interrogate you and ask for information that could help them build their case against you. Any time law enforcement states they want to read you your rights, immediately request an attorney. Make it clear and obvious that you are asking for an attorney before you answer any further questions. Then be quite and wait for your attorney.
That is correct. You are only required to have your Miranda rights read if you are in custody and you are being questioned. If the police officers were not questioning you while you were in custody then they do not have to read you Miranda.