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DUI arrest in Asheville, NC

Asheville, NC |

Does the officer who arrested me have to read me my Miranda rights And if so, is it recorded on video?

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Attorney answers 3


Not unless you were being interrogated.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


If you were arrested, it is proper procedure to read you your Miranda rights. However, if you were not read your rights, it simply means that answers to questions you were asked after your arrest cannot be used as evidence against you at trial. Good luck.

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Miranda rights must only be read during a custodial interrogation. In other words, you must be (1) in custody and (2) be being interrogated, which means being asked questions about the specific crime for which you are in custody. If you're in custody but not being interrogated, no Miranda necessary. In layman's terms, not being Mirandized does not mean you're getting off. This can be a very, very technical area of criminal procedure and is something for which you should seek an attorney to represent you. Good luck!

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