What should I do if an officer has you come to a police station knowing they are going to arrest you prior to questioning but no rights was read? 9 Answers as of February 11, 2014

They were charging me with a disorderly conduct that happen 22 days ago. Police were on the scene that night but no arrest was made. I was asked to come to the station, was told it would take two hours, was questioned there and then booked. At this point, the officer admitted to me that she knew it would take at least two hours. Nobody read me my rights at any point.

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Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
The reading of the rights is only relevant to the admissibility at trial of any statements you made. You need to be "in a custodial setting" before the rights become mandatory. What you describe might well lead to arguments about "custodial setting".
Answer Applies to: Minnesota
Replied: 2/11/2014
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interrogation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal re-partition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor's case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answer Applies to: California
Replied: 2/11/2014
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
Police officers don't have to read you your rights at all, even if they arrest you. The only time they read you your rights is if they want to question you while in police custody and use your testimony against you in court. Disorderly conduct is a misdemeanor so that means the prosecutor has up to 1 year from the date of the incident to file charges against you. Doesn't sound like the police did anything illegal in your situation.
Answer Applies to: Missouri
Replied: 2/11/2014
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
It may be possible to suppress the statement you gave to the police. That won't necessarily win you the case, but it might improve your chances. Hire a lawyer immediately and DO NOT under any circumstances talk to the police without your lawyer present.
Answer Applies to: Utah
Replied: 2/11/2014
Law Offices of Ian Heyman | Ian Heyman
It sounds like you will need to obtain representation to deal with these charges. Your statements to the police may be the basis of your charges, and perhaps your attorney can negotiate a reduced charge in light of the police failure to make you aware of your rights.
Answer Applies to: Ohio
Replied: 2/11/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Your big mistake was going to the police station voluntarily without a lawyer. You should have insisted on retaining legal counsel before talking to the police or going down to the station. In any event, the police did nothing illegal here. You are not entitled to be read your rights unless the police intend to use the statements you make against you at trial. If you made incriminating statements while being interviewed, it is possible your attorney could move for suppression, but the problem here is that you voluntarily went down to the police station-which were not required to do. It is very hard to conceive of a court finding that your rights were violated, at least based on the information in your question.
    Answer Applies to: New York
    Replied: 2/11/2014
    Robert J. Sayfie, P.C.
    Robert J. Sayfie, P.C. | Robert J. Sayfie
    You should not go in for further questioning. The further questioning allows them to get you to admit things so they can charge you. If you voluntarily go in for questioning, you are not in custody, so they don't need to read Miranda rights.
    Answer Applies to: Michigan
    Replied: 2/11/2014
    Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
    You may have a valid motion to suppress depending upon the factual circumstances. You should ask for an attorney at your arraignment. If you do not qualify for a court appointed attorney, hire one. Best of luck.
    Answer Applies to: Oregon
    Replied: 2/11/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
    Answer Applies to: California
    Replied: 2/11/2014
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