When are the police supposed to read me my Miranda rights? 12 Answers as of April 01, 2013

I was arrested for possession and not read my rights which I thought they had to do but was later told they did not have to. At what point is someone supposed to read my Miranda rights to me? Or is that only in the tv shows?

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Law Office of Vincent C. Machroli, P.C.
Law Office of Vincent C. Machroli, P.C. | Vincent C. Machroli
There is not a simple answer to your question, it's a complicated issue. A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& a quote) you are seeking. Schedule a consultation ASAP. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.
Answer Applies to: Illinois
Replied: 4/1/2013
William L. Welch, III Attorney | William L. Welch, III
If the prosecution wants to use your statements and evidence against you, that were made while you were in custody and in response to police questioning, then you must have been given Miranda warnings. Otherwise, it doesn't matter. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 3/26/2013
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
Miranda rights are read when an individual who is under arrest or a suspect in a crime is in police custody and not free to leave. Before the police begin to ask questions about the event that cause the arrest or caused one to be a suspect, Miranda must be read if the police want to use the statements against the individual in a court of law. If the police fail to read Miranda rights, the statements do not come into evidence. If the police do not do any questioning or interrogating, there is no need to read Miranda rights.
Answer Applies to: Massachusetts
Replied: 3/26/2013
Anderson Walsh PLLC
You must be advised of your Miranda rights when you have been deprived of your freedom to leave or the police have significantly restricted your ability to move about freely. Police are allowed to stop and question you if they have probable cause to believe a crime is being committed. Police may expand the scope of the original stop if they develop probable cause that the first thing they stopped you for is not the only crime you have committed. So, if you made statements after you were not free to leave or your freedom of movement was significantly restricted, you have an argument that your Miranda rights have been violated and you can ask the court to suppress the incriminating statements you may have made. Your Motion to Suppress must be filed early in the proceedings or you may waive you right to ask the judge to exclude the statements at trial.
Answer Applies to: Idaho
Replied: 3/26/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Miranda rights should be read immediately after a lawful arrest, not merely when a person is detained. ?Actually, unless you give a statement implicating you in a crime, the Miranda Rights are irrelevant, and further, if the authorities have enough independent evidence ASIDE from your confession, it is of little use to file a Motion to suppress Statements.
Answer Applies to: Illinois
Replied: 3/26/2013
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