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Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes that is the way the photo.enforced intersections work.
Answer Applies to: California
Replied: 6/13/2011
LynchLaw | Michael Thomas Lynch
Yes. Usually the right people refer to is the right to remain silent. Mailing a citation does not violate that right. Even if someone is not advised of their right to remain silent, the cure might be keeping the statement they made out of trial. If no statement was made the defendant does not gain any advantage by not being read their Miranda rights. Hire an attorney to review the matter for you.
Answer Applies to: California
Replied: 6/9/2011
Law Office of Brendan M. Kelly | Brendan M. Kelly
It really depends on the ticket, whether service by mail is valid. Most tickets a person has to sign for.
Answer Applies to: Nebraska
Replied: 6/8/2011
Deal & Hooks, LLC | Shawn P. Hooks
A person can be charged with a misdemeanor by a ticket or complaint. That may come through the mail with an order to appear for an arraignment. This can occur even when you never saw an officer. There is no requirement that you be read your rights prior to being charged, only that you be read your rights after being arrested.
Answer Applies to: Ohio
Replied: 6/8/2011
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you mean a traffic ticket or a desk appearance ticket, the general answer is yes. Your rights only have to be read to you if the police want to question you and you are in custody. If you are in custody but the police do not question you then they do not have to read you your rights. The purpose of the rights is to insure that you understand that you do not have to answer questions without an attorney present or even with one present. You have the right to remain silent, and the right to hire your own attorney and if you can not afford one you may qualify financially for a court appointed attorney.
Answer Applies to: New York
Replied: 6/8/2011
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes, but defenses may exist depending on the facts. Stay well.
Answer Applies to: Alabama
Replied: 6/8/2011
Nelson & Lawless | Terry Nelson
Of course. Miranda warnings only are given after physical arrest and before seeking a confession.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
It is a common misconception that if a person has not been "read his or her rights" then the arrest is somehow invalid. The rights that a person must be informed of (the right to remain silent, the right to an attorney et al), commonly known as the "Miranda Rights," deal with a person's constitutional protections against unknowingly making incriminating statements to the police. When the police violate those rights by not advising the person being arrested, the remedy is that the incriminating statements can not be used against the person at his or her trial. The remedy is NOT dismissal of the charges or the charges being "thrown out." As far as being sent a ticket through the mail, if the state you live in allows for this type of service, then it is legal. Whether you were read your rights is immaterial. If the ticket is for a traffic violation (like speeding or running a red light for example), then the police don't have to read you your rights to begin with (since the "Miranda Rights" are only implicated if the person is arrested for a crime NOT a violation).
Answer Applies to: Oregon
Replied: 6/7/2011
Law Office of Phillip Weiser | Phillip L. Weiser
Yes, a ticket can be served by mail. There are specific instances where one's rights must be advised, not every time is necessary.
Answer Applies to: Kansas
Replied: 6/7/2011
Law office of Michael Morgan, l.L.C. | Michael Morgan
The reading of Miranda rights is not required on traffic tickets. Typically, if Miranda rights should be read and were not read the remedy is to suppress any statements (and any evidence obtained from those statements) made after the Miranda rights should have been given.
Answer Applies to: Washington
Replied: 6/8/2011
Bloom Legal, LLC | Seth J. Bloom
Yes. There is no obligation to mirandize someone unless they are being arrested.
Answer Applies to: Louisiana
Replied: 6/8/2011
Law Office of Andrew Subin | Andrew Subin
Yes. The police have to read your rights before they question or interrogate you. It has nothing to do with sending a summons in the mail.
Answer Applies to: Washington
Replied: 6/8/2011
Miller & Harrison, LLC | David Harrison
Yes. You only need to be read your rights if (1) you are in custody and (2) you are being interrogated. Don't ignore the ticket in the mail.
Answer Applies to: Colorado
Replied: 6/7/2011
John V Commons, Attorney at Law | John Commons
Yes, not having your rights read only has an impact on statements your have given to police while in custody and being questioned by the police.
Answer Applies to: Indiana
Replied: 6/7/2011
Craig W. Elhart, P.C. | Craig Elhart
The short answer is yes. It is only required that you be read your rights if the police are going to question you.
Answer Applies to: Michigan
Replied: 6/7/2011
Law Offices of Carl Spector | Carl Spector
Yes a police officer can have a summons served to you through the mail.
Answer Applies to: New York
Replied: 6/7/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. Miranda rights are only required to be read to a defendant when he or she is in a custodial setting and the cops wish to interrogate.
Answer Applies to: California
Replied: 6/7/2011
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, reading you your "rights" is only meaningful when the person charged has given a statement to the police. As you can see, if you receive a ticket in the mail, that would not apply. Good luck.
Answer Applies to: New York
Replied: 6/7/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes. There is no requirement for one's "rights" to be read unless the police wish to interview a suspect in custody.
Answer Applies to: California
Replied: 6/7/2011
Khayoumi Law Firm | Salim A. Khayoumi
Yes, a person can receive a criminal citation, criminal summons, and/or civil citation via mail and be required to respond to the citation (i.e. appear in court, pay fine, answer suit, etc.). Most of the time, ignoring the citation can lead to serious criminal and/or civil ramifications. Its important to speak with a licensed attorney in the state where your legal question arises. To speak with an attorney in New Mexico, call the Khayoumi Law Firm.
Answer Applies to: New Mexico
Replied: 6/7/2011
Law Office of James A Schoenberger | James A Schoenberger
Yes. Tickets are "infractions" and are not crimes. In any event one can be arrested without having been read their rights (Mirandized), but not questioned.
Answer Applies to: Washington
Replied: 6/7/2011
Law Office of Michael Moody | Michael Moody
Yes, Miranda warnings are only required once someone has been arrested, (cuffed or incarcerated) and is followed by police interrogation. If police didn't interrogate her/him right after she was placed into custody, then Miranda does not apply. There are no statements to suppress.
Answer Applies to: Georgia
Replied: 6/7/2011
Timothy J. Thill P.C. | Timothy J. Thill
Yes, reading a person their rights only applies to an arrest and subsequent questioning, whereby the offender gives a confession or otherwise admits to the commission of a crime. Tickets by mail are generally for red-light or speed related violations, and have been held to be valid. One thing you should know, these violations are not recorded against your driving record, and are means for municipalities to make more revenue, if you want my opinion on them.
Answer Applies to: Illinois
Replied: 6/7/2011
Law Offices of John Carney | John Carney
You can receive a ticket in the mail if the police scanned your plate or registration for a traffic offense, went through a toll booth without paying, or were caught speeding by a camera. They do not have to read you your Miranda warnings. Pay the ticket or retain an attorney to fight it, but do not ignore the ticket or you will be in much more trouble and pay a higher fine or have your registration suspended.
Answer Applies to: New York
Replied: 6/7/2011
Law Office of Richard Williams | Richard Williams
A person can receive a ticket through the mail or otherwise without having been read any rights.Miranda rights, which are those rights normally read to a defendant upon arrest, only apply as to any statement made by the arrested person. It is not mandatory or required that those rights be read by the arresting officer or any other officer. These rights are normally given so that a police officer can testify as to any statements made by the arrested person and are routinely given prior to interrogation, not merely an arrest.
Answer Applies to: Alabama
Replied: 6/7/2011
Law Offices of Scott G. Hilderman | Scott G. Hilderman
Yes; the Montana and U.S. Constitution only require that the police read a suspect his/her rights when they are subject to custodial interrogation. This means that the person must be in police custody, not free to leave, and the officer is asking the person questions about the alleged offense. Therefore, in your case the police did not have to previously read you your Miranda rights.
Answer Applies to: Montana
Replied: 6/7/2011
Beaulier Law Office | Maury Beaulier
Yes. This is called a tab charge. It may be delivered by mail at some time after the date of the alleged offense. A Miranda warning is never necessary unless a person is in custody and subjected to a custodial interrogation.
Answer Applies to: Minnesota
Replied: 6/7/2011
Austin Legal Services, PLC | Jared Austin
Receiving a ticket is in no way dependent on being read your rights. Police only have to read you your rights if they are asking you incriminating questions while you are in their custody.
Answer Applies to: Michigan
Replied: 6/7/2011
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. A ticket can be given in the mail. It is unusual, but I have seen it happen in the past. You are mixing up some legal concepts when you ask about being read rights. Miranda rights apply to in custody interrogations and may result in confessions being excluded from evidence. This is unrelated to the general question about the ability to receive a ticket in the mail. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/7/2011
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You are "read your rights" when a police officer, in a custodial situation, wants to question you concerning some criminal activity. That is the only time it is required.
Answer Applies to: California
Replied: 6/7/2011
Attorney at Law | Steven C. Bullock
The "rights" you speak of are from a 1960's case providing that an investigator must read the so-called "Miranda" rights if the person is in custody and they are being questioned with reference to their involvement in what could be criminal activity. No "rights" are necessary for a ticket in the mail!
Answer Applies to: Michigan
Replied: 6/6/2011
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
Reading your rights "You have the right to remain silent..." is something that has to happen when you are arrested. If you aren't arrested, they don't have to read your rights. You still have them; you pretty much always have the right to remain silent, but they don't always have to tell you about it. You aren't usually read your rights when you get a traffic ticket even in person.
Answer Applies to: Oregon
Replied: 6/7/2011
Blanco Law office | Susan Blanco
Reading your rights is not as you imagine on television or in the movies. Miranda (or the reading of your rights) applies when you are in custody and are being interrogated. So it is not required when you are mailed a ticket. With that said, once you attend Court, the Court will make sure you are aware of some basic rights that you are entitled to during the legal process. They will advise you of your rights (like the right to remain silent, have a court appointed attorney if you qualify, have a trial, etc).
Answer Applies to: Colorado
Replied: 6/7/2011
The Law Offices of Dustan Neyland | Dustan Neyland
It depends on the state where you reside. In Texas, you can receive a ticket by mail and should appear on the date listed on the ticket.
Answer Applies to: Texas
Replied: 6/7/2011
Law Office of Jeff Yeh | Jeff Yeh
Yes. Having your rights read (ie. Miranda) has nothing to do with whether you can get a ticket. In fact, Miranda doesn't even apply to infractions.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
Yes. Reading a person's rights is only an issue if a person in custody makes a statement that the police wish to use in the prosecution. Normally, however, infractions (tickets) are given to a defendant in person by a police officer.
Answer Applies to: California
Replied: 6/7/2011
The Law Offices of Jason Pollack, Esq. | Jason Pollack
Yes. You only need to be read your rights if You are under what's considered by the Supreme Court as "custodial interrogation.". Basically You can't leave.
Answer Applies to: New Jersey
Replied: 6/7/2011
Goolsby Law Office | Richard Goolsby
I am a former state and federal prosecutor and currently am a criminal defense attorney. To answer your question, assuming I understand it correctly, YES, you can be charged even if you were not read Miranda. Miranda relates only to the admissibility of a custodial interrogation. See a good criminal lawyer in your community. Good luck!
Answer Applies to: Georgia
Replied: 6/7/2011
Edward A. Kroll, Attorney at Law | Edward A. Kroll
Yes. The Miranda rights only apply to statements that you may have made. You can receive a ticket even if no one ever read you your rights.
Answer Applies to: Oregon
Replied: 6/7/2011
Michael Breczinski | Michael Breczinski
Yes a person can get a ticket in the mail, the only time they have to talk about rights is if you are in custody and they want to question you about a crime that they think you were involved in.
Answer Applies to: Michigan
Replied: 6/6/2011
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
If the offense does not include jail as a penalty you can receive a ticket in the mail.
Answer Applies to: Connecticut
Replied: 6/6/2011
Eric M. Mark, Attorney at Law | Eric Mark
Yes. Not being read your rights only helps keep things you say out of court; it does not absolve you of previous wrong conduct.
Answer Applies to: New Jersey
Replied: 6/6/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Yes. Get a lawyer to fight the ticket.
Answer Applies to: Michigan
Replied: 6/6/2011
Karmali Law Office, PLLC | Hussein Karmali
Yes. You only need your rights if the police is going to ask you questions to investigate.
Answer Applies to: Washington
Replied: 6/6/2011
Law Office of Joe Dane | Joe Dane
The reading of the rights (Miranda rights) only matters when it comes to questioning and the admissibility of a statement in trial. It has absolutely nothing to do with whether you can get a notice to appear in court.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
Yes! No rights have to be read when you receive a ticket in person. Consider fighting this ticket!
Answer Applies to: California
Replied: 6/6/2011
