Can the police take me to jail without reading me my rights? 35 Answers as of June 28, 2013

I got arrested for public drunk (when supposedly I was high) and paraphernalia. They questioned me after my arrest and didn't read me my rights. They also took me to jail to spend 5 hours and I ate dinner and had my own bunk still no Miranda rights. I wasn't subjected to a sobriety test either so how do they know I was messed up when I wasn't. I was sober and I know I didn't act messed up. I didn't get arrested until they saw old court papers in my backseat. I feel like my rights have been violated.

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Victor Varga | Victor Varga
Sounds like it...you need to speak with a criminal attorney.
Answer Applies to: Maryland
Replied: 9/27/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
One can be arrested without being Mirandized, but the interrogation you described would be problematic if you were in custody at the time as you stated. any statements you made should be suppressed.
Answer Applies to: Pennsylvania
Replied: 9/13/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
If they did not read you your rights and questioned you after they had arrested you, then what you said could be thrown out of court.? If thye need the statements to convict you then it could affect their case.
Answer Applies to: Michigan
Replied: 9/13/2012
Attorney at Law | Ernest Krause
Did you say anything to them at all, other than produce ID Anything you said can't be used in court.
Answer Applies to: California
Replied: 6/28/2013
Law Office of Melvin Franke | Melvin Franke
YES.
Answer Applies to: Missouri
Replied: 5/22/2013
    Law office of Robert D. Scott | Robert Scott
    Yes.
    Answer Applies to: Maryland
    Replied: 5/22/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Yes, if the police did not question you, they do not have to read you your rights.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Two things have to exist for Miranda rights to be required. One is you are in custody, second that you are being interrogated . It does not sound like you were questioned after your arrest. However, if you were, then you may be able to get a court to order that the police cannot use those statements but all the other evidence would be available.
    Answer Applies to: Colorado
    Replied: 9/13/2012
    Universal Law Group, Inc. | Francis John Cowhig
    The short answer is yes. Miranda probably does not apply in your situation. However, I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 9/13/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes.
    Answer Applies to: Maryland
    Replied: 5/28/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Maybe your rights have been violated, as you say, and maybe the police had other reasons to believe you were under the influence. Your confessions can be suppressed, but you can still be convicted if the police officer testifies you were intoxicated, in his expert opinion.
    Answer Applies to: Illinois
    Replied: 9/13/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes they can take you to jail and not read your rights. You should consult with an attorney if you think there wer errors made in your case.
    Answer Applies to: Kansas
    Replied: 9/13/2012
    Steven Alpers | Steven Alpers
    You only have to be read your Miranda rights if they are going to admit into evidence at trial a statement which was given during custodial interrogation.? These questions are all evidence issues which would be raised at trial.
    Answer Applies to: California
    Replied: 9/13/2012
    John Russo | John Russo
    The key is what did you say to them, Police never give a Miranda warning if they don't have too. What they like doing is ask questions until you admit something, and at that point you think you are screwed anyway so then they get you to sign a Miranda waiver, they can lie all they want to you, the U.S. Supreme Court has said that is perfectly OK, they don't have to tell the truth. i don't know where you have been over the past 30 - 40 years (maybe not born yet) but the 4th amendment is gone the 5th has just about had it, and the 6th is on life support, most of our constitutional protections are gone, people do not realize this until they are directly affected, you still have certain rights, like the right to fly 1st class or 2nd class, the right to order your steak rare, medium, or well, The right to drive around looking for the gas station with the best price, but when it is something important you have the right to shut up and do what you are told. Oh, I'm sorry you do still have the right to buy a gun, a lot a good that will do you, they are better armed then you will ever be. Look in the future never talk just ask for a lawyer, and keep asking no matter what they tell you, NO MATTER WHAT, again they will never give you a warning until you confess, its like you know, ready, shoot, aim; Once you confess they B/S you into signing a waiver, now when you go to court and you state that they never warned you before you confessed, their response is, don't know what they are talking about Judge here is a signed miranda warning statement, which we might add, we had them sign well before we ever asked any questions, the worst part is they do it with a straight face. Never talk to them trust me you will always do better once you get to court.
    Answer Applies to: Rhode Island
    Replied: 9/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you Miranda Warnings unless they interrogate yu while in custody. If they did not you can have your attorney run a Huntley Hearing to suppress the statement if you are going to trial, which is very unlikely. You will probably get an ACD dismissal and not have a record unless you have other matters that are pending or a bad criminal record.
    Answer Applies to: New York
    Replied: 9/13/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Law enforcement officers may arrest a suspect without reading that person his rights. He does have to read that person his rights before a custodial dentition interagation. Defense attorneys and law enforcement do have different views on what a custodial dentition consists of. Beat bet is not to answer any questions other than ID and to ask for an attorney.
    Answer Applies to: California
    Replied: 9/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    They wouldn't bother if you were drunk. Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. You would have an evidence suppression issue to raise in a motion 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. You can be charged solely on the basis of the officer?s observation, just like any criminal offense. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 9/13/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If they didn't read you your Miranda right after they arrested you, anything you said can't be used against you in court. But the charges can still go forward.
    Answer Applies to: Utah
    Replied: 9/13/2012
    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 you are being interrogated in a custodial situation. Even if required to read Miranda rights failure only results in exclusion of your statement, not a dismissal of the case. Cops opinion is sufficient for the arrest Obtain counsel
    Answer Applies to: California
    Replied: 9/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Police do not have to read you Miranda rights to arrest you. Miranda rights only apply as to any statement you may make while interrogated.? Failure to provide Miranda rights may make any statement that you gave to the police inadmissible in Court.
    Answer Applies to: Alabama
    Replied: 9/13/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. If you feel "violated" then make a complaint against the arresting officers and talk to a civil rights attorney to see if you have a valid lawsuit.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Failure to advise of rights may permit the subsequent statements to be kept out of evidence but it does nothing to defeat the charge itself.
    Answer Applies to: Missouri
    Replied: 9/13/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    This type of question comes up frequently, mostly because it happens frequently. The police often don't read Miranda warnings. The failure to read such warnings do not invalidate the arrest. The risk to the prosecution of the case revolves around the loss of evidence regarding a statement. If you are not read the Miranda advisement and the police question you following your arrest, any statement you might make is subject to exclusion from the court. In most cases no advisement is read because no further evidence is needed. If no questioning has taken place, and no incriminating statements were made, then the lack of any Miranda warning does not jeopardize the case against you. A detained or arrested individual has no duty to help with their own prosecution. Regardless of any Miranda warning you may or may not receive, do not speak with the police. Period. Hope this helps,
    Answer Applies to: California
    Replied: 9/13/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes. Miranda rights have nothing to do with the validity of an arrest.? It only deals with whether a confession was voluntary. This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Mary W Craig P.C. | Mary W Craig
    You can be arrested without police reading you your Miranda rights. You can be questioned without having your rights read to you, but law enforcement can't use your statement against you if you were really questioned without your Miranda warnings. However, the questioning must have been done during custody, not while you were still free to leave. Only an attorney can tell you whether any of this applies to you. Get a lawyer, and if you can't afford one, ask for a court-appointed attorney.
    Answer Applies to: Alabama
    Replied: 9/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely. You watch too many movies. Reading rights and taking you to jail is apples and oranges.
    Answer Applies to: California
    Replied: 9/13/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    They do not have to read you your rights but if they question you without reading them to you, the responses can be excluded in a trial.
    Answer Applies to: Washington
    Replied: 9/13/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Your may have some issues, but without seeing the police reports and other discovery materials, it's hard to determine. My best advice to you is to hire an attorney to review your case and assist you as appropriate.
    Answer Applies to: Washington
    Replied: 9/13/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes.
    Answer Applies to: Florida
    Replied: 5/22/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The Miranda rights implicate your right to remain silent and your right to consult an attorney. The remedy for violating Miranda is suppression of your statements; not dismissal.
    Answer Applies to: Washington
    Replied: 9/13/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No Miranda: 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: 9/13/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There is no requirement of a Miranda warning unless they interrogate you and plan to use your answers against you.
    Answer Applies to: New York
    Replied: 9/13/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Short answer is yes. The law requires rights to be read before questioning. If no rights are read your answers can't be used against you. The police do not have to read you your rights when they arrest you.
    Answer Applies to: Nevada
    Replied: 9/13/2012
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