During shoplifting I was caught and I gave them the wrong information I was not in the right state of mind because I was scared from all the stuff going on the with police so when I gave them my right information they put me in hand cuffs immediately And then I got to the jail and was never marandized
Your narrative does not indicate that you were asked questions after you were placed into custody. The Miranda rights only need to be read when you are going to be questioned while in custody. Even so, the remedy for a violation is the suppression of any statements made while in custody.
You only need your miranda rights read to you when you have been placed under arrest and are questioned about the offense. You can discuss this with the attorney you hire or who is court appointed to represent you.
Miranda ordinarily is relevant to instances where the prosecutor seeks to introduce into evidence at trial post-custodial statements by criminal defendants to police.
Miranda does not ordinarily apply to pre- and post-custodial questioning by employees at the business where shoplifting allegedly occurred, unless those employees are acting as agents of the police, which is rare.
Now that you have been arrested for theft, it is time for you to obtain a qualified lawyer.
All the best to you.
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website linked above applies to all my answers on AVVO.com .
As other attorneys have stated, Miranda most likely does not apply in your case. Rather than posting questions here, which can be read publically and introduced in Court against you, I suggest you contact a criminal defense attorney to discuss the charges and potential outcomes or defenses. Many on AVVO offer free telephone consultations. Good luck.
This response is for general informational purposes and not intended to be taken as legal advice nor does it establish an attorney-client relationship. See further disclaimers on the site. You should always seek competent professional advice in the legal area and jurisdiction.
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