Can I be arrested without being read my miranda rights? 70 Answers as of June 26, 2013

What happens if I was arrested at a club for drinking and I was 19 and they did not read me my Miranda rights?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Sometimes, investigations take weeks or months prior to charges being issued. Miranda rights are usually only an issue if a defendant is taken into custody and interrogated. Police doesn't necessarily need or want to perform a custodial interrogation for every case.
Answer Applies to: Michigan
Replied: 10/6/2011
Donahue, Sowa & Magana Attorneys at Law
Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
The failure to give Miranda warnings is not fatal to an arrest. It is fatal to any statements made in response to questioning by the police while in custody. There are many instances where a police officer does not need to give the Miranda warnings, your case being one of them. Assuming that a police officer approached you in the club and saw a drink in your hand or smelled alcohol on your breath and asks you how old you are, you are not in custody yet. This is non-custodial questioning and it is admissible. However, if you were not free to leave when he asked the question of you, Miranda applies and your admission of age could be suppressed. This doesn't prevent the state from proving your age at trial by other means, however.
Answer Applies to: Illinois
Replied: 8/24/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Contrary to popular opinion, the police do not have to read you your rights everytime they arrest you. They only have to read them to you if they intend to interrogate you with incriminating questions. Even so, Miranda Rights have nothing to do with the validity of the arrest. All a Miranda violation can do is to keep out incriminating statements and possibly evidence that was recovered of those statements. It has nothing to do with the validity of the arrest itself. Movies and television have not helped clarify the public's perception of this landmark Supreme Court case.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Offices of John J. Connors, Esq.
Law Offices of John J. Connors, Esq. | John J. Connors, Esq.
Miranda rights only come into play when there is an incriminating statement made by a person who reasonably believes he or she is in custody. Yes, you can be arrested without being read Miranda rights. Any incriminating statements you make may be suppressed however by a competent criminal defense motion after a hearing in the court.
Answer Applies to: Massachusetts
Replied: 8/23/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
They only have to read you your Miranda rights if they intend to question you after an arrest.
Answer Applies to: California
Replied: 8/22/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Miranda Rights apply to police officer's ability to use information obtained by interrogation in custody in criminal proceedings. You do not necessarily have to be read your Miranda rights merely to be arrested. If police interrogated you while in their custody without reading you your rights and it seems as though they intend to use information obtained from that interrogation against you in court, then your defense attorney could file various motions to exclude the testimony. If police are relying on other evidence to charge you (i.e. your identification, presence in the bar), then Mirandization is not necessarily an issue. This is something you may want to discuss in detail with a local criminal defense attorney to figure out how your potential defense might play out. If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 8/22/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes, they can. If the police don't question you about the case while you are in custody (under arrest) they don't have to read you a Miranda warning. The whole thing about the arrest being invalid if the accused isn't read his Miranda rights when arrested is pure Hollywood.
    Answer Applies to: Georgia
    Replied: 8/20/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Cops only required to "read " you your rights if they intend to interrogate you in a custodial situation.
    Answer Applies to: California
    Replied: 8/19/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Miranda concerns admissions made when in custody. If this is not a concern in your case, then lack of miranda will not assist in your defense. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    The short answer is yes. the long answer requires you to provide further details . Generally they do not have toread your Miranda rights unless they intend to question you.
    Answer Applies to: New York
    Replied: 8/19/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you the Miranda warnings unless you are being interrogated while in custody. They probably did not read them to you because they did not find it necessary to get any confessions or admissions out of you.
    Answer Applies to: New York
    Replied: 8/19/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    Your Miranda rights are to be read to you when you are in a custodial setting and the police want to talk to you. If you made any statements after arrest in response to police questioning, you may be able to get any incriminating statements suppressed.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Yes. Miranda only applies to statements. If you did not give a statement then your constitutional rights were not violated.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes the police can arrest you without telling you your Miranda rights. What Miranda does is keep out any incriminating evidence and fruit from that incriminating statements. If the DA can prove his case with out that then you are out of luck. Contact me and I can go over the facts with you to help you know what to do.
    Answer Applies to: California
    Replied: 8/19/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a criminal lawyer ASAP. Miranda applies to custodial interrogations, which means that, generally, any statement made in that context without Miranda would not be admissible, but the person could still be charged. Again, hire an attorney and discuss all the facts, along with your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Miranda rights are the most misunderstood aspect of US law. The Miranda warning only applies after you are under arrest and if you are questioned. In other words, if after being arrested the police question you then whatever you said can be suppressed or kept out of court. The police failure to read you Miranda warnings does not mean you necessarily win. You should talk to a lawyer to discuss the case. Good luck,
    Answer Applies to: New Hampshire
    Replied: 8/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes. Miranda rights are necessary only in terms of assuring the court that any confession you may have made, while in custody, was voluntary.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    August 18, 2011 Miranda rights only apply to when you are interrogated by the police not hat they are arresting you. No rights need to be read for you to be arrested.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If at the time of your arrest you were not questioned, there is no need to read you your Miranda rights.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It may affect statements you made after being put under arrest, but has no affect on the arrest itself.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    They don't have to read Miranda rights to everyone they arrest. This is real life not some television show. Hire an attorney to represent you on the charge.
    Answer Applies to: Missouri
    Replied: 8/19/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The Miranda rights are required to be given to someone who is in custody and being interrogated. If one is not in custody and being questioned, or one is in custody but not being questioned, the Miranda rights need not be given. If one is in custody and volunteers information without questioning, that the defendant's problem. If one is in custody and in responds to interrogation given without the Miranda right being given, then the result is that the defendant's inculpatory statements to police are suppressed and cannot be used against him.
    Answer Applies to: Texas
    Replied: 8/19/2011
    Greenwald, Mayfield & Vigil, LLP
    Greenwald, Mayfield & Vigil, LLP | Lauren M. Mayfield
    You only have to be read your rights in situations of custodial interrogation. This means if they ask you questions before placing you under arrest then these statements can be used against you. Once you are under arrest they can only ask you booking questions without reading you your rights.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    How did they know you were 19? But, yes, they can arrest you and don't have to read your rights unless you were in a custodial interrogation situation and then the information you gave them would be suppressed. Miranda is a rule of evidence, and nothing more.
    Answer Applies to: Maine
    Replied: 8/19/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Stop watching so much television. The only time a failure to instruct you on your Miranda rights is if they don't and then you make incriminating statements. If you don't make such statements it is NO HARM NO FOUL.
    Answer Applies to: California
    Replied: 8/19/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You don't have to be read your Miranda rights. If you were under arrest or otherwise detained such that you may as well been under arrest then they have to read your Miranda rights prior to questioning. Otherwise they would not be able to use anything that you said against you in court later.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Miranda is only necessary prior to interrogation (being questioned). Miranda is not required just because you are arrested.
    Answer Applies to: New Hampshire
    Replied: 8/18/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Police do not have to read you your Miranda rights unless they plan to question you while you are in custody. While not in custody you still have the right to remain silent but they don't have to remind you of that.
    Answer Applies to: California
    Replied: 8/18/2011
    The English Law Firm
    The English Law Firm | Robert English
    You can be arrested without having your rights read. The rights only protect you primarily from unlawful police interrogation.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course you can (and you did). Miranda doesn't even have to be read until "after" someone is arrested, and only if they intend to question you further post arrest. Most cops are skilled enough to get everything they need from you (i.e. incriminating statements) "prior" to arrest.
    Answer Applies to: California
    Replied: 8/18/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can I be arrested without being read my Miranda rights? Of course. Miranda warnings are only read once arrested and before seeking a confession. If serious about hiring counsel to defend you in this, feel free to contact me.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    A lot of people ask this question and complain about not being read their rights under the Miranda case. It is meaningless unless the prosecutor intends to offer at trial a confession that you made in violation of your Miranda rights. If you made a confession after being placed under arrest where you were not Mirandized, then the confession cannot be used against you in court. But everything else remains the same. You can still be prosecuted, just without the confession.
    Answer Applies to: New York
    Replied: 8/18/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    I have this question all the time and I wish TV and Movies did a better job in explaining this. Arrest and the "Right to Remain Silent" afforded under Miranda v. Arizona are two different things. Miranda has absolutely nothing to do with the arrest. Miranda is about what you say AFTER you are arrested and the only affect it has is that IF POLICE WANT TO REPEAT SOMETHING YOU SAID AFTER ARREST WHILE IN COURT, or if the police take something you said and use it to get a search warrant for additional evidence, or somehow use your words (given when you were "no longer free to leave" or where otherwise in custody) then they cannot use those statements unless you were read your Miranda rights before you made the statement. Miranda is evidentuary in nature.
    Answer Applies to: Texas
    Replied: 8/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I have answered this question many times before. Not being read your rights by the police will have no effect on your case, unless you gave a confession to the crime they arrested you for, and they have no other evidence upon which to convict you. If this is the case, you should hire an attorney to file the appropriate motions to suppress the statements.
    Answer Applies to: Illinois
    Replied: 8/18/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They only have to read you your Miranda rights if 1.You are under arrest. 2. They want to question you. 3. Your answers could incriminate you in that you are the subject of their questions.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The police can arrest you and give you your rights at a later point in time. People often get confused over Miranda rights. The police need to make you aware of your right against self incrimination and your right to remain silent before they interrogate you, not before they arrest you.
    Answer Applies to: Massachusetts
    Replied: 8/18/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    In a word, Yes. The arrest would be fine, however if you made any statements there might be an issue. Have the circumstances of the case reviewed by an attorney.
    Answer Applies to: California
    Replied: 8/18/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes you can be arrested without being read your rights, if you're not read your rights then you could possibly have the ability to supress any statements you made to the police, at trial, but that would be your only remedy... Not being read your rights doesn't make an arrest improper or wrong.
    Answer Applies to: New York
    Replied: 8/18/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If the police don't question you, then no requirement that they read you your rights.
    Answer Applies to: Nebraska
    Replied: 8/18/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Miranda warnings are only required if you are in custody (which is a factual determination) and subject to interrogation. If you were in custody and questioned without first being read your Miranda warnings any statements would be inadmissible. The question you have is can you be arrested without having been read your rights, the answer is yes. However, any statements post arrest would not be admissible.
    Answer Applies to: Oregon
    Replied: 8/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes you can. The only consequence of not being read your rights is that the prosecutor cannot use your in custody statements. That is as long as they were voluntary or you just blurted them out.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. If they are using incriminating statements against you and you were lawfully put in custody; those statements will be suppressed. However, if the DA is not intending to use any of those statements against you, it is not relevant that the cops did not read you your Miranda rights.
    Answer Applies to: California
    Replied: 8/18/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    The police do not have to read you Miranda Warnings unless they are going to question or interrogate you. However, the exception to the questioning is when you are stopped for a DUI. The legislature and Courts have carved out an exception in DUI cases because driving is a privilege and not a right. So when stopped for a DUI you are questioned about alcohol or drug use and you are not read Miranda until after your arrested and then only if they are going to question you further.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Your Miranda rights only need to be read if you are being questioned. If the police do not question you, there is no need for Miranda to be read. If you were questioned without first being mirandized, there is a possibility that your statements may not be admissible. This DOES NOT mean that the case will necessarily be thrown out. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, you can be arrested and not advised of your Miranda rights. If the police asked you questions which could be used against you in court, and they failed to advise your rights, the answers may be ruled as inadmissible.
    Answer Applies to: Kansas
    Replied: 8/18/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Yes, you can be arrested without being advised of your right to remain silent. The police are only required to provide the Miranda advisement before questioning a suspect who is in police custody. If the police fail to provide the Miranda advisement before questioning a suspect who is in police custody, the remedy is that any statements made by the suspect may not be used against him/her at trial.
    Answer Applies to: Alaska
    Replied: 8/18/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    Yes, you can be arrested without Miranda rights. The police are only required to read you those rights if they intend to interrogate you while you are in custody. Even if they don't give you Miranda rights the arrest isn't affected, it only means that the statements may not be admissible in court against you. However there are a number of exceptions to that rule which may permit the statement to be introduced under certain circumstances anyway.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Miranda rights only protect the statements you give not law enforcement's ability to arrest you.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Any statements you made after you should have been read your Miranda rights should be suppressed.
    Answer Applies to: Washington
    Replied: 8/18/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The purpose of Miranda is to protect you against self incrimination if the police want to question you while you are in custody. Miranda had nothing to do with whether or not you can be arrested.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    The short answer is yes. A person can be arrested without being read the Miranda warning. An officer is only required to read the Miranda warning if he or she intends on interrogating you once you have been taken into custody.
    Answer Applies to: Oregon
    Replied: 8/18/2011
    Gailey Law Office
    Gailey Law Office | H.D. Gailey
    If you were not read your miranda rights and you confessed to something that lead to your arrest or additional charges, those statements can be suppressed and not used against you.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    When the police detain/arrest and question you, they are required and must read you your Miranda Rights. If you were not properly Mirandized, then any statements you made can be excluded at trial. Failure to read you your Miranda Rights does not mean your case is dismissed, only your statements are excluded. In some cases, Miranda is not required.
    Answer Applies to: California
    Replied: 8/18/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    They can arrest you. Miranda applies to their interrogation of you and whether they can use your responses.
    Answer Applies to: Alabama
    Replied: 6/26/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It only matters if you made admissions. That is all the rights protect against.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    Yes. There is no requirement to read Miranda warnings at the time of an arrest. If you believe your constitutional rights have been violated, you should speak to a retained criminal defense attorney right away.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You need only be read your Miranda rights if you are (1) in custody and (2) being interrogated. Often one or the other things does not exist so the police need not read Miranda rights. Also, even if you were supposed to be read your rights but were not, the remedy is that the police cannot use what you said in the trial, so other evidence is still available for prosecuting you.
    Answer Applies to: Colorado
    Replied: 8/18/2011
    Law Office of Jamie Balagia
    Law Office of Jamie Balagia | Will Mitchell
    Yes. Miranda rights ("You have the right to remain silent, you have the right to an attorney, etc...") only apply where there is custodial interrogation. Custodial interrogation is when you are in custody and the police are seeking information from you about a crime. There are many instances where you can be arrested and Miranda rights are not given. For example, you can be arrested for DWI, do field sobriety tests and give a blood test without ever being legally required to receive Miranda Warnings.
    Answer Applies to: Texas
    Replied: 8/18/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes. An officer will give you your Miranda rights if he/she plans to talk with you and obtain information. The officer cannot question you (other than name, address, etc) without first reading you your Miranda rights.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    If there was a Miranda violation, your statement to the police would be suppressed. You can still be arrested, however.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If you gave no statement, not reading your rights to you is irrelevant. If you gave a statement of some kind you may be entitled to have your statement suppressed from use by the State at your trial. Call me if you have further questions.
    Answer Applies to: New Jersey
    Replied: 8/18/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You are prosecuted to the full extent of the law.
    Answer Applies to: New York
    Replied: 8/18/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    The police only have to read Miranda if you are in custody and they are interrogating you. If they fail to read Miranda under these circumstances, the statements can be suppressed but it does not otherwise affect the arrest or prosecution.
    Answer Applies to: New York
    Replied: 8/18/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    You can be arrested without the officers reading you your rights. If you make any statements while arrested, however, without having been read your rights those statements should be inadmissible at a trial.
    Answer Applies to: Ohio
    Replied: 8/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    The police only have to read you your Miranda rights if you are being questioned in a custodial interrogation. The reading of rights is not mandatory as part of an arrest.
    Answer Applies to: Florida
    Replied: 8/18/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Miranda rights only apply if you're in custody and being questioned. If they should have read you your rights, but didn't, then any statement would be inadmissible. It's not required to have your rights read to you just because you were arrested.
    Answer Applies to: California
    Replied: 8/18/2011
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