2006-08-12 04:39:10 · 16 answers · asked by dragon21 1 in Politics & Government ➔ Law Enforcement & Police
No matter what they show on TV, they don't have to read you your rights when they arrest you. They do have to read you your rights before questioning you or before they can use your statements as evidence against you.
2006-08-12 04:53:51 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Ok, watching way to much tv
You only have to be read your rights if you are QUESTIONED by the police when you are a suspect or you are questioned in custody.
Your rights don't have to be read just because you are arrested,
You may be arrested, booked, tried and sent to prison and never have your rights read if they don't question you after you are a suspect.
I am sorry but this question is asked almost everyday on here and about 1/2 the people who answer have no clue to what the law is.
2006-08-12 14:45:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
For all the nationally credited lawyers on here, go back to law school because most have no clue what they are talking about.
For an arrest the officer does not have to read your rights UNLESS your are being questioned related to your arrest. Always 100% of the time if I make a felony arrest I do it right there on scene...No BS later down the road. On a misd. charge its different.
Good luck trying to beat the system...You and your cell block buddies can discuss where you both went wrong! Good Luck
2006-08-13 04:30:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your rights only need be read to you if you are going to be questioned as a suspect or are a possible suspect. If you break the law and there is adequate reason to believe that you committed a crime then any normal person understands they are being arrested when they are placed in hand cuffs and taken to jail. If you are brought to jail and not questioned about the crime then there is no need for your rights to be read to you.
2006-08-12 11:50:17 · answer #4 · answered by okchico 3 · 1⤊ 0⤋
Most jurisdictions have taken the stance that the Miranda Rights are well known to everyone and not being read them is not a valid technicality to dismiss a case. So sorry. Hope things go well.
2006-08-12 11:55:46 · answer #5 · answered by firestarter 6 · 0⤊ 0⤋
Sure!
The only penalty to the state is that any incrimminating evidence provided by you under questioning will be inadmissable. If they don't question you, there is no need for a rights advisement.
If you should blurt something out (spontaneous utterance it's called) without being questioned, THAT can be used against you even if you were not advised of your rights.
2006-08-12 11:44:04 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 0⤋
of course you can be charged. the prosecution may be faced with extra difficulties. but if you didn't say anything to the arresting officers or the investigators afterwards, then your case has not been improperly compromised. if you were not read your rights, that would have been the time to spill your guts so that such testimony would have been invariably found to be inadmissable.
2006-08-12 11:48:18 · answer #7 · answered by emptiedfull 3 · 0⤊ 0⤋
Can you prove they weren`t read to you .
Most low life criminals know about the reading of the rights .
They always lie and say they weren`t read to them .
What did you get arrested for ?
Are you a repeat offender ?
2006-08-12 11:48:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your rights only need to be read to you before a custodial interrogation so yes you can still be charged...
2006-08-12 11:44:48 · answer #9 · answered by Love always, Kortnei 6 · 0⤊ 0⤋
Yes, you can get charged anywhere. But if your rights weren't read to you, you might have a good chance of getting off.
2006-08-12 12:00:04 · answer #10 · answered by yahoohoo 6 · 0⤊ 1⤋