Can I be taken to jail without my Miranda rights read? 97 Answers as of June 14, 2013

Can I be taken to jail without my Miranda rights read? I was taken in police custody without any of the officers reading anything.

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
You can be taken into custody but the police cannot ask you questions without first advising you of you Miranda rights.
Answer Applies to: District of Columbia
Replied: 8/16/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Yes, they may. Miranda rights are an issue if there was a "custodial interrogation," i.e., the defendant was interrogated and questioned while they were in custody. If the person was questioned in that situation and made incriminating statements which the prosecutor intends to use against them, the defense may be able to file a motion to suppress the evidence if there were issues with the Miranda rights. I'd recommend you have an attorney review your file.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Yes you can. Miranda rights is a complicated subject and depends on all the facts and circumstances of the specific case. Generally they do not have to read you your rights if you are not both in custody and being subject to interrogation question going beyond routine questions.
Answer Applies to: New York
Replied: 6/21/2012
Law Office of William L Spern | William Spern
Miranda rights must be read when you are arrested. If you are brought in for questioning, no rights need be read. But if questioned, you should not answer any questions without an attorney.
Answer Applies to: Michigan
Replied: 6/12/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Yes. Miranda rights are required before interrogation, not before arrest.
Answer Applies to: Massachusetts
Replied: 6/7/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    No. It doesn't work that way. The whole thing about the case being dropped or the police having to release you if you aren't read your rights is a Hollywood generated myth. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and (3) wants to question that person. No questioning = no warning necessary. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.
    Answer Applies to: Georgia
    Replied: 6/5/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If there is probable cause to arrest, then yes. The purpose of Miranda is to advise you of your right to an attorney or to remain silent during "in custody" interrogation. It is not related to the ability to arrest. Your issue concerning Miranda warnings may have other implications in your case. You should discuss these with your attorney to see if this gives you any advantage in your case. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/5/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Miranda is not required in order to arrest you. However, it could potentially greatly effect your case if they didn't provide it to you.
    Answer Applies to: Kansas
    Replied: 6/4/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They only have to read you Miranda if they have you in custody and they want to question you about that crime or other ones. They can just arrest you and not read you Miranda if they do not question you.
    Answer Applies to: Michigan
    Replied: 6/2/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Yes.
    Answer Applies to: Missouri
    Replied: 6/14/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Miranda rights are not required to be given for the police to arrest you. Miranda rights must be given prior to the police interrogating or questioning you. For violation of Miranda rights the prosecution may be precluded from admitting your statement into evidence at the trial.
    Answer Applies to: Alabama
    Replied: 6/1/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Not having Miranda rights issued does NOT negate the power of the police to arrest someone. Address the case immediately and take action to protect yourself.
    Answer Applies to: Illinois
    Replied: 6/1/2012
    Alvin Lundgren | Alvin Lundgren
    You can be arrested and booked without Miranda rights. However, if the officers want to interrogate you about the crime, you are entitled to your rights being read.
    Answer Applies to: Utah
    Replied: 6/1/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You can be arrested and accordingly, put in jail, regardless of whether you were read your Miranda rights, or not. Miranda becomes important for suppressing a confession or incriminating statement in a pre-trial motion to suppress, nothing more. Your admission or confession can be ruled impermissible at trial, but if the prosecution has enough evidence, you can still be convicted.
    Answer Applies to: Illinois
    Replied: 6/1/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes. You only get Miranda if you are going to be interrogated.
    Answer Applies to: Texas
    Replied: 6/1/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Short answer is YES. The police do not have to advise you your Miranda rights when you are arrested. Only if they intend to interrogate you must they give that advisory.
    Answer Applies to: Kansas
    Replied: 5/31/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The Miranda Rights are only important if the police intend to question you. It is not necessary to read those rights in order to make an arrest.
    Answer Applies to: Minnesota
    Replied: 5/31/2012
    Sylvester Law Office, PLLC | Alexis Sylvester
    In short, the answer is yes. Miranda rights are read when an officer is interrogating a suspect. If the officer who arrested you determined there was enough evidence to arrest you on suspicion of DUI, then he can arrest you. Most likely, he did not interrogate you or question you, so there is no requirement to read the rights. You are obviously not proven guilty until you have your day in court.
    Answer Applies to: Mississippi
    Replied: 5/31/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Yes. The Miranda rights are only required to be provided to a person in custody if the police are questioning that person about the matter for which they were arrested. Standard booking information like name, address, age, height, weight, etc. is not such questioning. There is no requirement to advise a person of their constitutional rights upon arrest. Of course, it is common practice.
    Answer Applies to: Michigan
    Replied: 5/31/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    The Miranda Rights as they have come to be known, protect statements made by an individual when they are in custody and an incriminating response is likely to be invoked. Although failing to provide proper Miranda warnings is bad, that alone is typically insufficient to win an entire case. Talk with a knowledgeable DUI Lawyer in your area about the facts of your case.
    Answer Applies to: Oregon
    Replied: 5/31/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    Yes - the police can do this. However, any statement you gave following this arrest is probably subject to potential suppression.
    Answer Applies to: Illinois
    Replied: 5/31/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes, miranda only applies to suppress statements made in response to questioning while in custody. So yes arrests are lawful without miranda.
    Answer Applies to: New Hampshire
    Replied: 5/31/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes. Your Miranda rights are not what they seem to be portrayed as on tv and in movies. The fact that you were not read your rights, will NOT invalidate your arrest. The only thing that could potentially happen is you could seek suppression of incriminating statements made by you in response to police questioning after you were arrested.
    Answer Applies to: West Virginia
    Replied: 5/31/2012
    Law office of Robert D. Scott | Robert Scott
    Yes! Miiranda rights only apply to any incriminating statements that you might make.
    Answer Applies to: Maryland
    Replied: 5/31/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes, your rights only have to be read if there is formal questioning.
    Answer Applies to: Arkansas
    Replied: 5/30/2012
    Kalberg Law Office, L.L.C. | Chris Kalberg
    In short: yes. The "Miranda" protections are only relevant and important if the police wish to question you. They are not a prerequisite for arrest.
    Answer Applies to: Kansas
    Replied: 5/30/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes, Miranda only is required when you are in custody and being questioned.
    Answer Applies to: Minnesota
    Replied: 5/30/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes, you can be taken to jail without Miranda rights being given. The only thing reading Miranda rights does is allow anything you say to be used against you. If you don't say anything incriminating it doesn't matter whether you were given your Miranda rights.
    Answer Applies to: Louisiana
    Replied: 5/30/2012
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    Yes. The police are only required to read you your "Miranda" rights when they want to take a statement and you are in custody. They are not required to tell you about your right to remain silent unless they question you. If they fail to notify you of your rights, any statement you make can be excluded from your trial. This does not mean that the case against you will be dismissed, nor does it mean you will win. You can be prosecuted with evidence other than your own statement. In most courts, each time you appear they will want you to sign an "advice of rights" form that notifies you of all your Miranda rights. This usually doesn't happen until you are arraigned. Your right to remain silent is important. USE IT and KEEP using it. The only thing you have to say to the police officer is "am I free to go?" If the answer is YES - GO. If the answer is NO - then you are being detained and you should probably remain silent.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    The police do not have to read you your rights. It is only necessary if the are questioning you and you are in custody. Consult with an attorney to determine whether the lack of a right's advisement will be a potential defense.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You were, so the answer is "yes." They just cannot use any statements you made against you if they were made during a custodial interrogation.
    Answer Applies to: New York
    Replied: 5/30/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes: Miranda excludes statements only.
    Answer Applies to: Virginia
    Replied: 5/30/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Yes. This is nothing new. Consult with a lawyer about the impact if any on your case.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Miranda warnings are to inform a person of his/her rights to reaamin silent and not hve that used against them; it has nothing to do with being arrested.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You Miranda rights only come into play if they want to ask you questions. A police stop is not sufficient to involve Miranda. Sorry.
    Answer Applies to: Nebraska
    Replied: 5/30/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    Yes, you can be arrested without having been read your Miranda rights. You cannot be questioned without having been read Miranda rights. If your are questioned without Miranda rights being read, your answers that could be used against you, are subject to being suppressed or excluded for use as evidence against you.
    Answer Applies to: Nevada
    Replied: 5/30/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Glojek Ltd | Joseph E. Redding
    Yes. Miranda rights only need to be read if you are in custody and the police are interrogating you. If they fail to do so, the remedy is that the Government can not use any statement you made when they are prosecuting you.
    Answer Applies to: Wisconsin
    Replied: 5/30/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, you can be taken to jail without Miranda rights. The officer did not need to read your rights unless you were interogated after you were in custody.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course you can. Miranda only has to be read if there is questioning that takes place after arrest. Most cops are trained to get everything they need from you "prior" to arrest.
    Answer Applies to: California
    Replied: 5/30/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Of course. All Miranda does is if you CONFESS and they didn't read you your rights they cannot use the confession or damaging admissions. Otherwise, no harm, no foul.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes.
    Answer Applies to: California
    Replied: 6/14/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    People do not understand the Miranda Warnings and hope that if they were not read that it will benefit them somehow. What you do not know will hurt you. People who drive drunk, deal drugs, shoplift, assault others, write bad checks, and make other bad decisions hope that their case will be dismissed if the police do read them their Miranda Warnings, but they are sadly mistaken. Unless the police interrogate you while in custody they do not have to read you the warnings. Even if you make statements or admissions the police can lie and say they read you the warnings since they do not have to be in writing. Criminals are easily manipulated by the police and usually do make incriminating statements and they hurt their chances of plea bargaining. You should never answer the questions of the police, no matter what they promise or threaten. You should retain a lawyer and let him handle the case.
    Answer Applies to: New York
    Replied: 5/30/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Only required to read you your rights if cops are interrogating you in a custodial setting.
    Answer Applies to: California
    Replied: 5/30/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    Yes. If the police do not question you after you are arrested, the fact that you have not been advised of your rights is largely irrelevant, espescially with regards to a DUI charge.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Yes. Television and movies have convinced everyone that the reading of Miranda rights is required after arrest. That's just not the law. Miranda only applies to situations where you are in custody and they are going to ask you questions. If they arrest you and don't ask questions, Miranda isn't needed. If they did have you and custody and did ask you questions, then your answers could possibly be suppressed as a Miranda violation. But failure to Mirandize, even in situations that require it, will not get a case dismissed 99% of the time.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    Yes. The police are only required to read Miranda warnings prior to in-custody questioning.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
    Answer Applies to: New York
    Replied: 5/30/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes - they only need Miranda if they want to ask you questions while you are in custody.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Ryan Berman, Esq | Ryan Berman
    Yes. Miranda rights only have to be read if they are questioning you about the crime.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    There is no general requirement that police read you your Miranda rights when they arrest you. A person who is in custody (or under arrest), however, must be read their Miranda rights BEFORE they are QUESTIONED about the offense.
    Answer Applies to: Missouri
    Replied: 5/30/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    As long as you are not questioned about the incident, they are not required to read you your rights.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes. The failure to read Miranda rights, in most circumstances, would result only in the suppression of any inculpatory answers to questions put to you while you are in custody.
    Answer Applies to: Texas
    Replied: 5/30/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. The rights only matter of you make confessions after arrest.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Yes.
    Answer Applies to: Washington
    Replied: 6/14/2013
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Yes, Miranda is a rights advisement that reminds you that you have the right to remain silent. If you do not have your rights read to you, the remedy is not releasing you from jail, or dismissing your case. The remedy is preventing the statements that you made to the police from coming in at trial.
    Answer Applies to: Wyoming
    Replied: 5/30/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes.
    Answer Applies to: Washington
    Replied: 6/14/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Without my Miranda rights read? Of course. Too much TV cop show 'reality' misleads the public about the real system. Police don't have to say, read or explain anything to you, before or after arrest. You would have an evidence suppression issue only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. You might be surprised to find the police reports claim you were so advised.
    Answer Applies to: California
    Replied: 5/30/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Yes.
    Answer Applies to: Illinois
    Replied: 6/14/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The only time they're required to read you your rights is when you're in custody AND being interrogated. Both "custody" and "interrogation" have specific legal meanings, but BOTH must be in place before they're required to read you your Miranda rights. Many, many people get arrested and never interrogated, so no Miranda warnings are given or required. It's not like on TV where once the cuffs go on they automatically start reading your rights to you.
    Answer Applies to: California
    Replied: 5/30/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Yes. Miranda is so misunderstood by the public, probably due to the media. Miranda only applies to custodial interrogation. That means that police, if they want to question you, while you are in custody, must read you the Miranda rights if they want to use any statements you make against you at trial. If they don't and you made some incriminating statements, those statements should be suppressed. That's it. Anything you say to police BEFORE being taken into custody are perfectly admissible. Also, if they don't need any statements from you (they caught you red-handed, for instance) why would they bother to read you the Miranda rights? There is no rule, law or anything that says a police officer has to read you your Miranda rights.
    Answer Applies to: New York
    Replied: 5/30/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes. Miranda only affects whether your own incriminating statements may be used by the prosecution in trial.
    Answer Applies to: Maryland
    Replied: 5/30/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Yes. Law enforcement is only required to read you your rights prior to initiating custodial interrogation.
    Answer Applies to: Montana
    Replied: 5/30/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Miranda rights apply only to questioning, not arrest or being taken to jail.
    Answer Applies to: Washington
    Replied: 5/30/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    The fact that you were taken to jail without having your Miranda rights read means that it is physically possible, yes. It is a violation of policy to do so and the consequence of that could mean that certain evidence could be suppressed as a result.
    Answer Applies to: Utah
    Replied: 5/30/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can be arrested without having been read your Miranda rights. Your Miranda rights inform you that you have the right to remain silent and you have the right to an attorney during interrogation. But if the police never interrogate you or question you, they aren't trying to get you to talk, and therefore they don't have to tell you that you don't have to talk. If the officers never read you your Miranda rights, that means they can't use anything you said against you in court. Otherwise, there is nothing improper about them arresting you without reading you your rights.
    Answer Applies to: Utah
    Replied: 5/30/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Absolutely. Miranda merely has to do with your giving of verbal statements when in custody.
    Answer Applies to: Pennsylvania
    Replied: 5/30/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Yes.
    Answer Applies to: Texas
    Replied: 6/14/2013
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Yes.
    Answer Applies to: California
    Replied: 6/14/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Did you think that all cops read each and every person they arrest their Miranda rights? Over the years I have come to believe that reading them is the exception. You can bet however that the police report done by the same cops says that you were read your Miranda rights.
    Answer Applies to: Florida
    Replied: 5/30/2012
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    You can be taken to jail for various offenses and compelled to bond out. Miranda advisement determines whether statements made in a custodial interrogation are admissible in court. No right to Miranda if arrest and no questions are asked.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Yes. Miranda rights are given to warn you not to talk to the police, and to remind you that your statements can be used as evidence against you. If police don?t tell you that, they may not be able to use your statements against you ? but they can still use any other evidence they find. Sometimes they have enough evidence that they don?t even need to get a confession. In those cases, the whole Miranda Rights thing is pretty much irrelevant.
    Answer Applies to: California
    Replied: 5/30/2012
    Bruce Plesser | Bruce Plesser
    No Miranda rights necessary if no statements are to be used against you.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should engage in attorney and fully explained to him your circumstances and situation. If there is too little information provided to give you a firm opinion.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    The police officer does not have to read your Miranda rights to you unless you are subject to custodial interrogation.
    Answer Applies to: New Hampshire
    Replied: 5/30/2012
    Salladay Law Office | Lance Salladay
    Yes-Miranda rights only relate to questioning after you are "in custody" or detained, and have nothing to do with being arrested per se'.
    Answer Applies to: Idaho
    Replied: 5/30/2012
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Yes.
    Answer Applies to: Washington
    Replied: 5/30/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Yes. Miranda rights are only necessary prior to custodial interrogation. They are not necessary prior to mere arrest.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, so long as they do not interrogate or question you after you are in custody.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 5/30/2012
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    Yes. The lack of Miranda warnings being read does not make the arrest illegal,but it may serve to have statements you made ruled inadmissible at trial should it cometo that.
    Answer Applies to: California
    Replied: 5/30/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes, it happens all the time. The main protection in the Miranda warning is the right to remain silent. The cure for a violation of your Miranda rights is to have the statement thrown out of trial, thus preventing it from being used against you. If you are not questioned, and you don't make any statements, then there is nothing to throw out and it does not matter if you were or were not read your Miranda warning.
    Answer Applies to: California
    Replied: 5/30/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, see website for law on Miranda rights: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=197
    Answer Applies to: Georgia
    Replied: 5/30/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes. The reading of Miranda is only important if you are asked questions AFTER the arrest.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Short answer: yes. Miranda only applies to police interrogation after you have been arrested.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Mary W Craig P.C. | Mary W Craig
    Not having your Miranda rights read to you does not make your arrest illegal or wrongful. Your Miranda rights merely tell you that you have the right to remain silent and that you have the right to a lawyer. If the police do not Mirandize you and question you, then your attorney can move to suppress any statements that you made prior to the warnings. Even then, you are not guaranteed that the statements will not be used against you. A Miranda warning has nothing to do with an arrest.
    Answer Applies to: Alabama
    Replied: 5/30/2012
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