Do you have to have your miranda rights read for a possession charge? 2 Answers as of May 21, 2012

miranda rights and possession less than an ounce

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Harrison & Harrison
Harrison & Harrison | Samuel Harrison
The whole thing about the case being dropped 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: 5/21/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Miranda warnings do not have to be given until after you are arrested. Even if not given, it only matters if they ask you questions after the arrest (as opposed to before). Post-arrest questions and answers with no Miranda warning are inadmissible.
Answer Applies to: Georgia
Replied: 5/17/2012
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