2006-08-11 12:41:10 · 12 answers · asked by Ben H 2 in Politics & Government ➔ Law Enforcement & Police
That is what i thought. But i thought i also heard that under the new Patriot Act that you could now be arrested without knowing what for.
2006-08-11 12:55:08 · update #1
Yes. It's part of your Miranda rights.
2006-08-11 12:43:39 · answer #1 · answered by F. Frederick Skitty 7 · 2⤊ 3⤋
Ok, most people have been watching too much law and order and think they know the law
you can be detained for investigation in most places for up to 72 hours without being charged, held for investigation,
Under the Patiot Act, some have been held for over 2 years now without a formal charge or legal cousel
Next in general, most officers will give you an idea of why you are being arrested, but they may not have or know the exact charge when they are putting the cuffs on you. They may know you stole something for example, but may not know the value yet or if other factors are invovled. So you are taken in and questioned. In most areas, you will be brought within that time frame infront of a judge where you will be formally charged. ( or after talking to the DA, the police will right up the formal charge and they will formally read the charges and give you a written copy) Almost never are the formal charges told to you at the time of arrest.
As to those that keep saying miranda rights, you can be arrested, jailed, and convicted and never hear them, they are given only when you are either a suspect or in custody and you are questioned.
So to make a summary, unless you are arrested on a warrant where a grand jury has already charged you, or you have been formally charged prior to arrest, you will not know the exact charge at the time of your arrest but will be charged soon after when the formal charges are determined by the DA office or the police officer ( depends on the state and area in state)
2006-08-11 14:51:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, you'll be informed of the reason for your arrest at the time of your arrest. You will usually be in custody and restrained before they tell you, though not always. The person being arrested might be told that they have a warrant for their arrest, and then, after they have safely been taken into custody, be told what the warrant was concerning. It's been my experience that they usually know why you are hooking them up. The officer is going to insure his / her safety 1st, then give you the details. You'll usually be Mirandized as part of the arrest, but informing you of the charge has nothing to do with Miranda. Miranda is to inform you of your rights concerning answering questions as part of an interrogation, not the specifics of any charges brought against you.
2006-08-11 13:44:38 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes, they should. If you are being arrested on an outstanding warrant, they must tell you what the warrant is for. If you are arrested for probable cause or suspicion of having committed a crime, they also should tell you. Of course, if you are standing over a bloody body holding a knife, you should have a pretty good idea of what is going on. 9 times out of 10 when an officer says something like, "you are being arrested for robbing the 1st National Bank on the 5th of June" and you say, "BS! I was at my mother's house on June 5th" You can bet your sweet patootie that at some point they are going to follow up on your statement and if you are lying it will be used against you.
Since there have been a few questions today about statements made to police officers, recording statements, etc. to everyone. If you are arrested - SHUT THE HELL UP! Name, date of birth and social security number ONLY!
2006-08-11 12:49:53 · answer #4 · answered by shomechely 3 · 1⤊ 0⤋
In the state of Missouri, law enforcement has 24 hours to charge a violator with a crime. After that 24 hours, if you are not charged you must be released. That doesn't mean that after you are released you won't be charged at a later date.
By the way, this falls under due process, not Miranda.
2006-08-12 04:24:06 · answer #5 · answered by sexxymexxy926 3 · 0⤊ 0⤋
It's not part of Miranda, but yes, they have to tell you what you have been arrested for. This is just for admissibility of statements made while in custody/under interrogation
2006-08-13 08:11:25 · answer #6 · answered by Walter J 3 · 0⤊ 0⤋
Yes, they have to tell you what you have been arrested for. It's not part of Miranda though - that is just for admissibility of statements made while in custody and under interrogation.
2006-08-11 12:47:23 · answer #7 · answered by Catspaw 6 · 2⤊ 0⤋
Miranda has nothing to do with it.
Yes, when you're arrested, you have to be informed of the charge. Miranda is only given when you're taken into custody, and you're going to be questioned. Ya'll really should read up on this stuff.
2006-08-11 12:47:32 · answer #8 · answered by Anonymous · 3⤊ 0⤋
Most of the time they do.They usually have to morandize you which is where they say:
so and so you are under arrest for .......
You have the right to remain silent
You have the right to an attorney if you cannot afford one one'll be apointed to you.
2006-08-11 12:51:55 · answer #9 · answered by Bensonwannabee 2 · 0⤊ 2⤋
Yes, but they don't have to tell you until they are ready to tell you. Usually when they feel safe (meaning you handcuffed and in the back seat)
2006-08-11 12:47:50 · answer #10 · answered by bigbadwolf 5 · 3⤊ 0⤋