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For a felony charge and get arrested, do they have to read your rights when arrested, and if have to and they don't what happens

Mount Joy, PA |

I am being charged with insurance freud and me and my husband were arrested, they never read his rights while he was being arrested. I heard that your rights are supposed to be read when arrested for a felony.

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Attorney answers 2


Your "rights" are supposed to be read to you if the authorities anticipate questioning you about the incident resulting in your arrest.


Police do NOT have to read a person his or her Miranda rights (i.e., you have the right to remain silent, anything you say can and will be used against you, etc.). It doesn't matter if the alleged offense is a felony or misdemeanor.

However, anything the defendant said after he/she was in custody (i.e., under police control and not free to leave) and in response to police questioning can be precluded from being introduced against the defendant at trial if the Miranda rights had not been read prior to the statement.

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