Is it a legal arrest when they failed to read my Miranda rights? 68 Answers as of June 02, 2013

I was arrested without my Miranda rights read to me. Once at the jail still in handcuffs the officer asked me if there was anything I wanted to add. Is that legal?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Speaking generally, if there are issues with how an interrogation was conducted, the defense may be able to file a motion to suppress and prohibit the alleged incriminatory evidence from being admitted at trial. Miranda rights generally are an issue when the police question someone after they have been arrested or detained, i.e., if they are "in custody." Miranda rights are a big issue if someone allegedly confesses to the offense while in custody. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.
Answer Applies to: Michigan
Replied: 11/29/2011
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Miranda warnings have nothing to do with the validity of an arrest. They only apply to being questioned by the police while in custody. A violation of your rights may result in the prosecutor not being able to use any statements made by you to the police; it will not lead to a dismissal of charges.
Answer Applies to: New York
Replied: 11/28/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Miranda warnings, i.e. the right to remain silent and/or have an attorney present during questioning need only be given when you are in custody or your right to freedom is deprived in a meaningful way. The effect of their not being given when necessary is that any statement that the suspect makes is inadmissible at trial except that it may be used to impeach the defendant if he gives a different version as part of his trial testimony. Otherwise there is no requirement the warnings be given and thus your arrest was not illegal. On the other hand his asking you further questions (you must have talked already since you say he asked you if you had anything to "add") was not.
Answer Applies to: California
Replied: 11/21/2011
Law Offices of Kenrick Young
Law Offices of Kenrick Young | Nicholas Lazzarini
The police can arrest you, but any statement you make after arrest without Miranda warning may be inadmissible.
Answer Applies to: California
Replied: 11/21/2011
The Law Office of Cindy Barton
The Law Office of Cindy Barton | Cindy Barton
If you said anything that was against your interest and you were not given your Miranda warnings, those statements may be suppressed. Your arrest is likely still legal however.
Answer Applies to: Utah
Replied: 11/17/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Stop watching crime shows on TV immediately. The only issue regarding Miranda warnings is if they fail to give you a Miranda warning and then you make an incriminating statement. If the judge believes you (a big if) you can get your statement suppressed. However, if you don't make any statement it is "no harm no foul".
    Answer Applies to: California
    Replied: 11/17/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Miranda rights need not be given until a person is in police custody and there is an attempt to question them. Police custody means an arrest or a situation where a reasonable person would not feel they were not free to leave.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes, the arrest is probably legal. The admissions you made, may be subject to suppression if you were not read your Miranda rights and if you told the police something incriminating.
    Answer Applies to: California
    Replied: 11/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They do not have to read you Miranda if they do not plan on questioning you just arresting you. Did you say something on your own. Why did the cop ask you if you had something to ADD. I need more facts in order to decide if Miranda was violated.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need to know all the detailed facts but generally they only have to read you your Miranda rights if you are in custody and they are interrogating you as opposed to routine questioning. You need to hire an attorney to see if in your case your rights were violated.
    Answer Applies to: New York
    Replied: 3/29/2012
    The Law Office of Marc G. Snyder | Marc Gregory Snyder
    The question of when being "read one's rights" is required is not as simple as most people believe. Certainly part of the blame is on television and movies, who depict the reading of rights as a dramatic part of every arrest. The truth is less exact. A person must be read their rights when they have been placed under arrest. The question that poses the most difficulty is determining exactly when someone has been "arrested." police don't always say "you are under arrest," and it is often not clear whether someone is actually under arrest or simply being detained for questioning, and is free to leave at any time. Most police officers are very aware of how best to deal with the rights issue and how to "mold" an encounter with a suspect so that they need not read the rights until the very last moment. This allows them to ask questions and get answers or statements that will be admissible at trial, and are not subject to Miranda constraints. The overall subject of when someone must be read their rights is really a case-by-case determination and it is, therefore, important to have all the facts and details before coming to a conclusion. You mention that you were, indeed, arrested. It is possible, as crazy as this may sound, that you believe you were arrested but you were, in fact, not until later than you believed. All that being said, if you were under arrest and were not read your rights, it is very possible that any information you provided would be held inadmissible in your case.
    Answer Applies to: Maryland
    Replied: 11/16/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Miranda is so misunderstood by the general public. Your don't have a RIGHT to get your Miranda rights read to you! If fact, Miranda ONLY applies to custodial interrogation. If you talk to police while not in custody, anything you say can be used against you regardless of whether Miranda was discussed with you. If Miranda rights are not given to you WHILE you are in custody AND you don't waive those rights AND you give a statement, then the relief is that any statement you gave can be suppressed at trial - THAT'S IT. Police NEVER have to read you your rights. It's just that, if they don't, the above could occur.
    Answer Applies to: New York
    Replied: 11/16/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Miranda rights have no bearing on the legality of an arrest. It only deals with whether a confession was freely, knowingly and voluntarily given.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Many people believe that they must be read miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated. "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: 11/16/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes, it's a legal arrest. 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. If you didn't say anything when the officer asked you the question at the jail, there is no problem about the question because you didn't answer it.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Miranda rights are required when the police are going to question you and you are the focus of their investigation. You can be arrested without questioning and not read your Miranda rights.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Despite what you have learned from watching TV shows, in most cases the cops do not read Miranda rights and it is usually not a problem for them. Miranda rights only apply to questioning by the police after you have been placed into custody, be it formal arrest or circumstances arising to the level of arrest. The short version is that if they question you after arrest your answers cannot be used against you unless they read you Miranda. Get a lawyer.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    The arrest can be legal but any statements made after your arrest may be suppressed if your Miranda rights were not read.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Miranda rights only affect the admissibility (in court) of statements made to law enforcement. An arrest is not otherwise illegal because you were not read your "fights".
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If the police want to use a statement you made as evidence against you then they have to read you your rights.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Yes, the arrest in legal. The only issue raised by the police is failure to read you your rights. This comes into play if you made a confession to the alleged crime and they intend to use your confession to convict you. Hire a good attorney who will review all the facts and make a determination if a motion to suppress your confession is warranted. Be aware that you can still be convicted even if your confession is suppressed. This is if the prosecution has sufficient independent evidence to convict.
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    An officer may not use statements given by you if you are involved in a custodial interrogation unless they read you your Miranda rights.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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: 11/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you the Miranda Warnings unless they question you while you are in custody. If you give statements without he warnings your attorney will request a Huntley Hearing to try to suppress the statements. You should always ask for an attorney and demand that the questioning stop to protect your rights. The police will lie to you, threaten you, and make false promises to get admissions. Fish only get caught when they open their mouth.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    In order for the police to use your statement they must advise you of your rights when you are in custody. If you were being held by them against your will when you gave the 1st statement, you may be able to keep them from using it. Get an experienced Attorney to analyze the facts, and advise you on what action you should take.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    Unfortunately, yes.
    Answer Applies to: Pennsylvania
    Replied: 6/2/2013
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    This is a very complicated area of the law. Everyone has the right to have an attorney present when the following conditions are met: 1. When they are in custody. Custody is defined as any condition where an average person would not feel free to leave. (I suspect they will say that you went voluntarily so you were not in custody) 2. When officers are asking questions that are intended to elicit incriminating responses If a person was not advised of their right to remain silent and they did not waive their Miranda rights and they make a statement in response to interrogation, then their statement will not be admissible in the prosecution's case in chief. If the defendant takes the stand and and makes a statement different from their Miranda defective statement then that out of court statement is admissible. Police can arrest people without reading them their Miranda rights, it has no effect on the legality of the arrest.
    Answer Applies to: California
    Replied: 11/15/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It may well be. Miranda right are only required if an officer is going to start questioning you. If he/she does so without Miranda being read, then the information obtained may possibly be suppressed. If the info is suppressed and the case cannot be made without this info, then the case may go away. The arrest is still legal, it's just the case may not be able to go forward. You need to hire an attorney to help you with this.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    It is legal. Miranda only protects you from having statements given by you without the warnings.
    Answer Applies to: Texas
    Replied: 11/15/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Generally, the arrest will still be deemed valid, but the information obtained after the arrest without reading the Miranda rights could be suppressed. It is better to discuss this matter in person.
    Answer Applies to: Nevada
    Replied: 11/17/2011
    The Law Office of Caitlin Donahue | Caitlin Donahue
    Is it a legal arrest? Yes. You can still be arrested if your Miranda Rights are not read to you. However, your statements to law enforcement can be challenged by your defense attorney in an effort to keep them out of trial as evidence of guilt as a result of a potential violation of your fifth amendment rights. In that case, a Huntley Hearing would likely be held and the police officer would be questioned in court prior to trial. If the court decides that you were in police custody, and your statements resulted from police interrogation designed to illicit a criminal response in absence of proper Miranda Rights or your voluntary waiver or those rights, your statements would not be allowed to be used as evidence. The court bases its decision on the testimony given in court. There is no guarantee as to outcome.
    Answer Applies to: New York
    Replied: 11/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The only result from a failure to read rights to a person in custody is if they are interrogated by police (NOT make statements on their own), then any inculpatory, unwarned statements can be suppressed at trial. But, the case proceeds on.
    Answer Applies to: Texas
    Replied: 11/15/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You only get Miranda when they are going to interrogate you. If they interrogate you without it, then the statements gets suppressed.
    Answer Applies to: Texas
    Replied: 11/15/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    The arrest is valid. However, anything you said while you were in custody that is an interrogation would likely be thrown out.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    The police cannot lawfully conduct what is called in the law a "custodial interrogation" against a suspect unless they first read that suspect his or her Miranda rights. If they violate this rule, any statement made in the resulting interrogation is not admissible against the defendant. Having been cuffed and placed under arrest, it would not be possible for the state to successfully argue that the interrogation was not "custodial" However, the fact that they did not give you the warnings does not serve as grounds to dismiss the charges or "nullify" the arrest, etc. It means only that if the state is going to be seeking to introduce any statements against you, those are inadmissible, assuming the facts at the motion to suppress hearing come out the way you are saying the interrogation transpired.
    Answer Applies to: Massachusetts
    Replied: 11/15/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Two things have to exist before it is a requirement that your Miranda rights be read to you - (1) you are in custody (not free to go) and (2) you are being questioned or interrogated. If you should have been read Miranda and weren't then the remedy the court gives is that the prosecutors cannot use the statements you made against you - the other evidence (if any) in the case remains available for use by the prosecutors. Therefore, unless your statement is the only evidence against you, the case would not be dismissed.
    Answer Applies to: Colorado
    Replied: 11/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes.
    Answer Applies to: Washington
    Replied: 6/2/2013
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Yes.
    Answer Applies to: Texas
    Replied: 6/2/2013
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Miranda rights only have to be read if you are questioned and the police try and use your answers against you.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    bark & karpf
    bark & karpf | peter bark
    It is not legal to ask any question about a crime to a person in custody without reading his Miranda warnings. This does not invalidate an arrest, however. It means that the statement can be suppressed so it cannot be used against him at trial.
    Answer Applies to: New York
    Replied: 11/15/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    The failure to give Miranda warnings is not usually fatal to the arrest. Miranda only applies to in custody interrogation. So, if the officer asked you questions about the offense while you were in custody and you made admissions, the failure to admonish you with the Miranda warnings would render those admissions inadmissible at trial. The reading of Miranda immediately after arrest is not required. In fact, in many instances Miranda is not given, because the officers don't need to question the offender about the crime.
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    Failure to read Miranda warnings does not render an arrest impermissible. If you are in custody an officer may not question you until he has read your Miranda warnings. If he failed to do that it will lead to suppression of the statement, however they may continue with the prosecution of your case.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A answer to your question depend on the reason for the arrest. Police can arrest someone and never read them their Miranda rights. It is only an arrest and questioning that require Miranda rights. A consensual contact with a cop does not require Miranda.
    Answer Applies to: Nebraska
    Replied: 11/15/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    No. If the judge believes the facts you provide, then your answer to the question, and any evidence discovered as a result, is inadmissible at trial. But if the state doesn't use the evidence, or the judge doesn't believe you, then it won't make any difference.
    Answer Applies to: Oregon
    Replied: 11/15/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You are not entitled to a Miranda advisory unless you are in custody and being interrogated. If you are, and are not read the advisory, it does not invalidate the arrest. Any statements given or evidence derived from those statements would be suppressed, but the charges are not automatically dropped.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Reading the Miranda Warning is not a requirement of a valid arrest, but, If an officer questions you at a time when you are in custody and has not advised you of your right to remain silent, etc.(Miranda Warning), he/she takes the chance that your answers may not be available as evidence against you. Questions about the ability of the state to use such statements is the subject of litigation in many cases.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You do not have to be read your Miranda rights to be arrested. You have to be read your Miranda rights prior to interrogation.
    Answer Applies to: Alabama
    Replied: 11/15/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That just means, anything you said post arrest will not be admissible in court. Anything you said prior to arrest is still fair game.
    Answer Applies to: California
    Replied: 11/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You can be arrested w/o out being read your Miranda rights. You cannot be interrogatred without that happening. Talk to your attorney.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    you can be arrested without your miranda rights being read to you. however if they question you when you feel that you're not free to leave they need to read you your miranda rights. if they don't then they may not use the information from the questioning in their case in chief
    Answer Applies to: California
    Replied: 11/15/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Officer does not have to read you Miranda unless you are in Custody and they are going to interrogate you. If you gave a statement and Miranda should have been given then you can move to suppress your words/statement. The case would not ordinarily be dismissed. However, if the only evidence proving the case is your words the State's case would fall apart or be dismissed.
    Answer Applies to: Florida
    Replied: 11/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Everyday I get this same question. What it really asks is: Are the police really stupid? If every officer must read Miranda, then every officer would always read Miranda, probably three times. The police do not need to read a person his/her Miranda rights, unless and until the person is being interrogated.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Failure to give the warnings of Miranda may prevent the use of any statements given by a person under arrest but does not make the arrest itself illegal. If they can make the case without using any improperly obtained statements, your still screwed.
    Answer Applies to: Missouri
    Replied: 11/15/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Despite the popular belief propagated by television and movies, a violation of Miranda will never, ever affect the validity of an arrest. A Miranda violation will suppress incriminating statements and possibly evidence obtained from those statements that wouldn't have been inevitably discovered. It's possible that a Miranda violation could suppress so much evidence that the prosecution would have to dismiss the case as it would leave them with no way of meeting their burden of proof. Also, police do not have to read you your Miranda rights anytime they talk to you or everytime they arrest you. Police have to read you Miranda warnings when you are in police custody and they wish to interrogate you or ask you potentially incriminating questions. They do not have to ask you any questions at all and they frequently don't. If you have any doubt about the validity of your arrest, you can always have an experienced criminal attorney review the police report to make sure.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Miranda rights, as they are commonly referred to, are not the same as the right free speech, or another Constitutional right. If an officer fails to read you your Miranda advisement, then you may ask a court to suppress any statements you made after they arrest you and they failed to advise you of your right to remain silent. A failure of an officer to not read your Miranda warning does not result in a dismissal of your case automatically. If the only evidence against you is your statement while under arrest, you may move to have your case dismissed. This is rarely the case. There is usually other evidence.
    Answer Applies to: Wyoming
    Replied: 11/15/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You can be arrest with and without being read Miranda rights. The question is whether any statement which you make or sign can be used against you at trial.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes. The only possible remedy is suppression of your statement.
    Answer Applies to: New York
    Replied: 11/15/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 6/2/2013
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Yes, but your attorney could later argue that the statements you made, if any, should not be allowed as evidence since you were not read your right.
    Answer Applies to: New York
    Replied: 11/15/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Police are not required to read miranda prior to or after arrest. Miranda is required prior to interrogation (questioning) when a person is in custody. The remedy for failure to read Miranda is suppression of any statements, not dismissal of charges.
    Answer Applies to: New Hampshire
    Replied: 11/15/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    This is the single most common Criminal Law question. The police do not have to read you your rights upon arrest, or at least there is no remedy and the arrest will not be thrown out solely for that reason. However, if you were in custody and you were questioned, any response that you gave before your rights were read to you, acknowledged, and waived, should be suppressed. This means that the police would not be able to use that evidence against you at trial. There are lots of nuances here so you should consult with a good Pennsylvania Criminal Defense Lawyer.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The law of Miranda has recently changed and becomes quite technical and complex; therefore, more information is necessary. However, you stated the officer said whether there was anything you wanted "to add" insuiniating that you had made a statement before you were placed in cuffs. Thus, the prosecutor could argue that you were not under arrest when you gave a statement. Hire an experienced criminal defense attorney and tell them a specific account of what occurred.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you are in custody and are not free to leave at your discretion, and if they ask you incriminating questions about a crime, they must first advise you of your right to remain silent and have an attorney. If they fail to do that, the statements you make may be suppressed and could be prevented from being used in court. The arrest is legal, only the evidentiary value of the statements are at issue. You should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 11/15/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, rights only matter once you are arrested. After that, if rights are not read, your statements or admissions cannot come in. Before arrest, anything you say is usable.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Miranda rights only need to be read when a person is both in custody and being questioned. So if they are just arresting you but not questioning then it is not necessary to read them. The effect it would have if they had not been read but a person was in custody and being questioned is that the answers to those questions (or evidence obtained from them) would likely not be admissible in court.
    Answer Applies to: Arizona
    Replied: 11/15/2011
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