Do I have to have my rights read to me for a misdemeanor? 58 Answers as of June 11, 2013

Do your rights have to be read to you even though its a misdemeanor and you are being arrested for public intoxication? I was not read my rights or given a drug test and spent 17 hours in jail (public intoxication - controlled substance).

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Miranda rights generally only have to be read to you if yoj are in custody and if you are being interogated. Thus if they think you have been drinking they can arrest you without reading you your rights if they are not interrogating you.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You do not have the right to Miranda Warnings unless you are under arrest, in custody, and are being interrogated.
Answer Applies to: New York
Replied: 9/3/2011
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: 8/29/2011
Fabian & Associates, Inc.
Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
Only if they question you.
Answer Applies to: Oklahoma
Replied: 8/29/2011
Furlong & Drewniak PLLC
Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
Miranda warnings DO NOT have to be read or spoken to you unless the police have you (1) in custody where you cannot leave, and (2) they are questioning you about a specific crime they suspect you may be involved in. This is known as "custodial interrogation and applies to any crime. Courts have made exceptions for brief encounters like traffic offenses and DUI traffic stops, but otherwise the rule generally applies. For Drunk in Public (DIP) the rule applies, however the elements of the offense are simply that the officer observes you acting intoxicated in public area. You might succeed in blocking statements you made to the officer on the basis of the officer's failing to properly Mirandize you, but the simple elements may be easily met by the arresting officer's observations.
Answer Applies to: Virginia
Replied: 8/29/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Miranda Rights (the rights you see in movies and TV) do not have to be read to you when you are arrested. If you are arrested and make a statement and you are not read your rights before you make that statement, then the statement cannot be used against you in trial.
    Answer Applies to: Texas
    Replied: 8/27/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    You only are read your rights when you are in custody or under arrest and there is on going interrogation. If both of these facts are not present, either you weren't arrested or they weren't interrogating you, you don't have to be Mirandized. Also, the officers can ask you booking questions without having to read you your rights.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If your Miranda rights were not read to you at the time of your arrest, then it is possible to suppress any damaging statements you may have made to the cops after your arrest. For example, if you told the cops you drank 20 beers after you were arrested (but they never read you your Miranda rights), your attorney could move to have that statement suppressed so it can not be used against you at trial.
    Answer Applies to: California
    Replied: 8/26/2011
    Jardine Law Offices
    Jardine Law Offices | Joseph Jardine
    Everyone seems to believe that you need to have your rights read to you. This is simply not true. An officer is obligated to read you your rights only after you are in custody, and only if he wants to ask you additional questions AFTER YOU ARE IN CUSTODY. Anything before that is considered "consensual" and you need no warning. Often times the officers have no need to "read you your rights" after you have been arrested because you have already confessed to everything they need! There's a lesson here, do not talk to cops. Exercise your right to remain silent. You are obligated to give them your name, but nothing else. So remember to stay silent.
    Answer Applies to: Utah
    Replied: 8/26/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    It does NOT have to be given if you are not questioned.
    Answer Applies to: Georgia
    Replied: 8/25/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Reading of rights has to do with admissibility of statements during an in custody interrogation. If there is no such evidence which will be admitted at trial, then it does not matter whether or not you were Mirandized.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    The police have the right to ask basic questions such as your name and what you're doing. Before they can question you they have to read you your rights. If you appeared drunk they don't need to ask you anything to figure out you are.
    Answer Applies to: Louisiana
    Replied: 8/25/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Miranda rights are only in effect when you are in custody and interviewed. They do not mean that you win. Even if in custody for public intoxication Miranda would apply but it very likely won't matter unless you were interviewed while in custody.
    Answer Applies to: New Hampshire
    Replied: 8/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    A person charged with a crime does not have to have his Miranda rights read to him while in the custody of law enforcement personnel. However, failure to provide such notice, normally will mean that whatever information that interrogating officers glean from the defendant will not be able to be used in prosecuting him.
    Answer Applies to: Virginia
    Replied: 8/25/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Upon arrest, even for a misdemeanor, if the police are going to question you, they have to read you your rights. If there is no questioning, then they don't have to read you your rights.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Your rights are only relevant if you give a statement which incriminates you.
    Answer Applies to: Alabama
    Replied: 8/25/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Probably not. The police only need to read your rights if they interrogate you after you are in custody.
    Answer Applies to: Georgia
    Replied: 8/25/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You have to have your Miranda rights read to you if you are under arrest and being questioned.
    Answer Applies to: Minnesota
    Replied: 8/25/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    It's amazing to me that so many people have no clue as to when having their rights read to them is necessary. It is only necessary if the authorities intend to use your statements as evidence against you, and in some cases not even then. Facing the type of charges you are probably facing, you need to hire an attorney.
    Answer Applies to: Missouri
    Replied: 8/25/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Law enforcement must read you your rights (Miranda warnings) before questioning you. If you were not questioned, they do not need to read you your rights.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Your only have to have your rights read to you if you are in a custodial situation, arrested, and the police intend to question you. Miranda rights only are concerned with statements made which may incriminate a person.
    Answer Applies to: California
    Replied: 8/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Unless you confessed to committing a crime, and they try to use it in court, the fact your rights were not read makes no difference.
    Answer Applies to: Illinois
    Replied: 8/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Not necessarily. The Miranda Warnings only cover your custodial statements. The remedy for failure to read rights is your statements may be thrown out under certain circumstances. However, when one is passed out and caught red handed, there is no point in trying to read rights.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no requirement for an arresting officer to read you your rights upon being arrested. Your rights must be read to you prior to an interrogation by the police. If you are detained or arrested, and you are questioned by the police without your rights, you may be able to suppress the statement that you gave to the police.
    Answer Applies to: Alabama
    Replied: 8/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The only time a violation of your "Miranda"rights makes any difference is if you are trying to suppress a coerced confession or physical evidence that was unlawfully seized.
    Answer Applies to: New York
    Replied: 8/25/2011
    Mark C. Cogan Law Offices | Mark Cogan
    Police are required to inform a suspect under arrest of Miranda rights if they seek to question the suspect. If the rights are not administered, the suspect's statements might be suppressed.
    Answer Applies to: Oregon
    Replied: 8/25/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    You dont have to have your rights read, period. The law doesnt require it. The law states that if police want to use statements against you in court, they must first read you your rights, so you know better than to say anything.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The only time cops have to read you your Miranda Rights is if they intend to question you while you are in custody. They do not spend money testing people for public intoxication. To be guilty of that charge, the symptoms have to be very obvious.
    Answer Applies to: California
    Replied: 8/25/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Only if questioned after arrest in order to obtain info or confession, at which point you are supposed to exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Rights don't have to be read to you until "after" you are arrested, and "only" if you are questioned further. Note the 2 "big" qualifiers.
    Answer Applies to: California
    Replied: 8/25/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No.
    Answer Applies to: Michigan
    Replied: 6/9/2013
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. Miranda is triggered when you are in a custodial interrogation- no matter if you are being arrested for the commission of a misdemeanor or a felony. You are in custody when you feel that you are not free to leave. An interrogation is when an officer attempts to illicit an incriminating response from you. If those two factors are present, any statements you make may be kept out of your criminal case. However, if you made no statements that are going to be used against you or if the DA can prosecute your case without those statements, the fact that Miranda was not read to you is irrelevant.
    Answer Applies to: California
    Replied: 8/25/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You are only given your rights if you are in custody and being interrogated. If they never tested you for drugs it will be difficult for them to prove the 11550.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If they didn't read you your Miranda rights they can't use anything you said after being detained against you. The problem is for public intoxication the officer's observations and physical evidence will be sufficient to obtain a conviction. Your statements are probably not necessary to the people's case.
    Answer Applies to: California
    Replied: 8/25/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You only need to be read your rights if a an officer is going to try and get information from you. It would however be interesting to see the police reports. I have been practicing for 28 years and many defendants have told me that they were not read their rights, only to find out that they were and that they signed to that effect, but that they were too intoxicated to remember. You need to consult with an attorney who will be able to get access to the police reports.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Only if the police question you after you're arrested. There is no requirement that your rights be read to you otherwise
    Answer Applies to: Washington
    Replied: 8/25/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Officers do not need to read you Miranda rights to arrest you. They only have to read your rights if they want to have you give a statement.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The police do not have to advise an arrested person of his rights in all situations. Only if there is an interrogation after the arrest about something which the answers would be incriminating.
    Answer Applies to: Kansas
    Replied: 8/25/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    Miranda is read when custodial interrogation begins. For example, if the police do not intend to use your admissions against you then they do not need to read you Miranda. I hope this helps.
    Answer Applies to: Minnesota
    Replied: 8/25/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You only need your rights read to you if you are being questioned about the alleged crime. This is the same for felony and misdemeanor.
    Answer Applies to: California
    Replied: 8/25/2011
    The Law Offices of Wesley R. Sklark | Wesley R. Sklark
    Police read you your rights in order to be able to question you about what they think you may have done. If they saw you breaking the law or have a witness who saw you breaking the law, then they don't necessarily need to question you, so they may have chosen not to read you your rights for that reason. "Miranda" rights only come into play when a suspect is detained and questioned. If there was no interrogation of you, it may not be relevant in your particular case. If you wish to discuss your matter further, feel free to set up a consultation in person with our office. Wesley Proudly serving the legal needs of the community since 1994...
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    No, the police are not required to read you your rights when you are arrested. Police are only required to advise you of your rights (the Miranda warnings) before questioning you while you are in police custody. If they fail to do so, the remedy is that your statements may not be used against you at trial.
    Answer Applies to: Alaska
    Replied: 8/25/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The same Miranda rules apply for felonies and misdemeanorsbut the normal remedy for a failure to properly give your Miranda warnings is a suppression of any statements you made after you should have been given Miranda..
    Answer Applies to: Washington
    Replied: 8/24/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Only if the prosecutor intends to use your statements against you.
    Answer Applies to: Oregon
    Replied: 8/24/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Your rights should be read when you are arrested. However, technically, this is not necessary unless the police questioned you about the incident for which you were arrested. Talk to an attorney if you said anything to the police to see if a motion to suppress is warranted.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    For public intoxication (PI), there is no right to a blood or breath test, or to field sobriety tests. It is based on the officer's opinion (which is really based on almost nothing.) Regarding Miranda rights - this applies to EVERY case - if a person is in custody and before the police can interrogate that person, they must read the person their rights. If they do not, then the results would be that the person's inculpatory statements (made IN CUSTODY in RESPONSE to INTERROGRATION / QUESTIONING - not statements that a person just blurts out or statements made when not in custody) would be suppressed at trial - not used against the person. If they don't interrogate / question, then they do not have to read the rights to the person.
    Answer Applies to: Texas
    Replied: 8/31/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They only have to read your "Miranda" if you are under arrest and they want to question you about a matter in which you are a suspect and might incriminate yourself.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The is no requirement that your rights be read to you when arrested for any charge. However, if you are in a custodial situation (meaning you are not free to leave or a reasonable person would not think they are free to leave) and you are not read your Miranda advisory, any statements you made could be suppressed and not allowed into evidence at trial. It does not give you grounds to have the charges dropped however.
    Answer Applies to: Minnesota
    Replied: 8/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Your Miranda Rights are not dependent on whether the crime is a felony or misdemeanor. Contrary to public belief, the police do not have to read you your rights every time you are arrested. They only have to read you your rights if they wish to interrogate you with incriminating questions while in police custody. Even if there was a Miranda violation, it would only serve to suppress any incriminating statements that you made or any evidence obtained as a result of those statements. A Miranda violation in no way effects the validity of the arrest. Television and movies are largely responsible for the public misconception on Miranda. Hope this clarifies things a bit.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. Unless you made statements against your interest.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The Miranda rights only matter if you're in custody and are being interrogated. Just because you're arrested doesn't mean they automatically have to read you your rights. It's a common misconception from TV and the movies that once the cuffs go on, they start reading you your rights. Unfortunately, the case can still go forward.
    Answer Applies to: California
    Replied: 8/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Cops only have to read you your rights if they want to ask you questions in a custodial situation. Talking to a person in a public place who has not been handcuffed who is suspected of being intoxicated is not custodial. Even in custody, they can ask ID questions.
    Answer Applies to: California
    Replied: 8/24/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    No.
    Answer Applies to: Pennsylvania
    Replied: 6/11/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The right to remain silent is supposed to be read to you before you are questioned. If they are not read your statements might be disallowed as evidence at your trial.
    Answer Applies to: New Jersey
    Replied: 8/24/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The purpose of Miranda warnings is to protect you against self incrimination. The police have to read you your rights if they intend to question you while in custody.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Rose & Rose | Terry Rose
    If you are going to be interrogated and in custody, your Miranda warning must be read to you before the interrogation.
    Answer Applies to: Wisconsin
    Replied: 8/24/2011
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