I was arrested for Domestic Violence, but the officer didn't read me my Miranda Rights upon arrest is it necessary for this kind of situation? 19 Answers as of February 10, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
It's not like TV or the movies. Just being arrested doesn't mean they have to read you your rights unless they question you. If they ask you questions and didn't read you your rights, the remedy is to exclude your statement, but it may not invalidate the entire case. The only way to sort this out is with your lawyer.
Answer Applies to: California
Replied: 2/10/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Normal, as long as they don't question you about it. We are happy to offer you a free initial consultation to talk about the case.
Answer Applies to: Nebraska
Replied: 2/7/2013
Law office of Robert D. Scott | Robert Scott
Your Miranda rights are only relevant if you made statements which incriminate you prior to being advised of them.
Answer Applies to: Maryland
Replied: 2/7/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Only time they have to read you "Miranda" is when, after arrest, they decide to interrogate you.
Answer Applies to: Michigan
Replied: 2/7/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Unless the police want to interrogate you the don't have to read you the Miranda Warnings.
Answer Applies to: New York
Replied: 2/7/2013
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Only if you are being questioned by police after being placed in custody.
    Answer Applies to: Minnesota
    Replied: 2/7/2013
    Douglas J. Smith, Attorney
    Douglas J. Smith, Attorney | Douglas Smith
    If the charge was in Cleveland County,
    Answer Applies to: Oklahoma
    Replied: 2/7/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
    Answer Applies to: California
    Replied: 2/7/2013
    William L. Welch, III Attorney | William L. Welch, III
    Unless after the officer did not read you your rights, you were interrogated, while you were in custody, you made a statement, and the prosecution intends to introduce it in evidence against you, then the Miranda violation would not matter. If all these conditions were met, you might ask the court to hold a hearing on whether to exclude your statement. An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, in order to help you decide whether to plea bargain or go to trial. If you are found guilty, an attorney can assist you in presenting mitigation, allocution, and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Online posts are not confidential. If somehow the prosecution were to find your posts, then it might be used in evidence against you.
    Answer Applies to: Maryland
    Replied: 2/7/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you were not interrogated n a custodial setting about the case, not needed.
    Answer Applies to: California
    Replied: 2/7/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the police wanted your statement or answer to questions, they should have given you your rights. However, if you gave no confession to the crime, there was no harm done by their failure to read them to you. If you confessed, your lawyer should file a Motion to suppress and and all statements before going to trial. However, if the prosecution has additional evidence of your guilt, you can be convicted without the prosecutor using suppressed statements.
    Answer Applies to: Illinois
    Replied: 2/7/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Not necessary until there is an intent to arrest you then statements become inadmissible.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If you made any admissions while in custody, they will be suppressed.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    Your Miranda Rights are supposed to be read to inform you of your constitutional rights regarding statements you make after your arrest. So if you made any statements or provided any evidence after your arrest without your Miranda Rights being read then those statements could be precluded in trial from being used against you. However, the fact that you were not read your Miranda Rights does not dismiss the charges against you.
    Answer Applies to: New York
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, you are read you rights if you are being interrogated, you were arrested.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    No. Miranda is a rule of evidence. If you are not read your Miranda rights, then any statements you made while in police custody may not be used against you. Other evidence, such as testimony of the victim and arresting officer, pictures of injuries, etc., can and probably will be used against you. In many cases, there is sufficient evidence to prove guilt beyond a reasonable doubt without relying on any statements made by the defendant.
    Answer Applies to: Mississippi
    Replied: 2/6/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Contrary to popular myth and television, the police do not have to read you your Miranda Rights everytime they arrest you. They only have to read them when you are in police custody (i.e. not free to leave) and they wish to ask you incriminating or potentially questions. Often the police will arrest you and not wish to ask you any questions so they don't have to read you your rights. Be extra careful about volunteering information or spontaneous utterances because they can and will be used against you. Also contrary to popular myth, even if the police did not read you your rights when they were supposed to, it does not invalidate the arrest. A Miranda violation seeks to suppress statements and evidence obtained from those statements. It does not make an otherwise unlawful arrest invalid.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Law Offices of Thomas R. Chapin | Thomas R. Chapin
    If you made admissions after the arrest then YES otherwise no.
    Answer Applies to: California
    Replied: 2/6/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nope. Miranda only has to be read after they cuff you and only if you get interrogated post-cuffing. Most cops are trained to get everything they need from your mouth prior to cuffing you, so Miranda wouldn't apply. That said, you still need to lawyer to fight to the DV charge, because most DV cases involve a lot of he said she said and recanting witnesses, and are very defensible by a lawyer who knows what he is doing.
    Answer Applies to: California
    Replied: 2/6/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney