Don't understand the Miranda Rights?

Question

I don't understand the Miranda Rights thing. I was arrested last Sunday for Domestic violence. My sis in law is a good drama queen. If we don't get the attention she wants, she litterally will do stuff to her body. The cop showed up around 1:35-1:45 pm and he asked me to come out. I told him what happened that day and then he went back to his car. He called the person who really handling the case. The officer then asked me to sit in the car while everything is going on. I did it and knew at that time i was being arrested. He then put the handcuffs on me and mention do you understand you are arrested. He asked me to be honest if I hit my sis in law. Which I didn't. As I stated, my sis in law will fall down stairs, hit her own face awhole lot.

I am sorry all. I didn't mean for anyone to be confused. My rights were never read. What happened the police men asked me to sit in the car and then he waited to see what is going to happen. He then put the handcuffs on and mention "You understand you are underarrest" Yeah my sis in law lied and I am in trouble. He as well asked me to be honest. Christian to Christian did you strike your sis in law. while we were going up to the jail.

I think what I am confused is that, where is my rights post to be mention. I thought if you are being arrested, when they put the handcuffs on you they are post to say the magic words;). They never did anything. I know I should said something, but I never been arrested before. My first time.

I have not seen my sis in law since this happen and I plan not to

To all, I really don't want to bring a lawsuit against the cop. All I want really is my idenity back and my sis in law to come forward and say she made this up

Answer 1

It basically means you dont have to tell the police anything. They cannot compel you to answer questions, and your refusal to answer cannot be used as evidence of guilt in court. Whether guilty or not, your best approach is to say nothing unless your lawyer advises you to do otherwise.

Answer 2

Miranda warning is communicated if these to things are happening at the same time custody and interrogation. It need not be read word for word from a card but four thing must be communicated ( I am not listing what most people can recite in their sleep but I am listing alternatives that are acceptable as a Miranda warning):
1. Your don't have to answer any questions
2. You can talk to a lawyer
3. Lawyer can be here if you want
4. If you don't make enough money then we can find one for you.at no or little cost to you.

If you are at the police station and in handcuff and the officer stats saying anything like that you can except that you are under arrest and are about to interrogated
Basically the Miranda warn only advises you of you 5th amendment rights
to learn more see Miranda vs. Arizona 1963

Answer 3

Your rights should be read when youare placed under arrest. If they are trying to get to the bottom of an issue, fight or what ever, and they are asking what happened, then they may not read them to you.

Most officers, once they cuff you, and advise you that you are under arrest for " what ever charge", the will read your rights.

Your rights are to keep you from self incrimination. Any questions about " tell me what happened"? is all cursory to the investigation.

Might be worth going in and talking to the sargent or the captian in charge of the department. You never know cause yes, if things are rocking really fast, sometimes even the best officers forget.

I spent 18 years full and part time working as an office and yes, during a free for all, I did forget to read one their rights, but I was not questioning them either. Once we had control, I went back and read their rights too them.

Answer 4

At the point that you were not free to leave you should have been advised of your rights. If that that was not done properly and you did not agree to speak without an attorney the answers you give normally can not be used against you at trail. There are a number of circumstances in which they can. If for example you go to trail and you testify the cops can use any statements you made that is different than what you say at trail. The other reasons would require much more time and space than is available. If you didn't hit her and you told them that what difference does it make. In any case you need to stay away from your sister-in-law.

Answer 5

The person above is incorrect. Your Miranda rights are read to you at the time of your arrest. They basically mean is you do not have to say anything to the cops if you don't want to. If you choose to talk, the info you give can be used if you go to trial or to determine if you are guilty. You can ask to have a lawyer around when you talk to the cops so you don't have to be alone, and if you don't have the money for one they will get one for you.

Answer 6

The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. Compulsory confessions will not constitute admissible evidence unless suspects have been made aware of and waived their "Miranda rights".
Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must be given then.
Miranda does not protect detainees from standard booking questions: name, date of birth, address, and the like. Also, persons suspected of driving under the influence of alcohol do not have Miranda rights prior to blood alcohol tests.

Answer 7

The Miranda Warning is to be given as soon as the officer advises you that you are a suspect....be it before or after arrest....depending on circumstances, the officer may sit you in his car cuffed, or uncuffed, this is an officer safety issue...not necessarily an arrest, but if it would have been me, I would have arrived check for life threatening injuries, cuff you, sit you in the back of my car, tell you to hold on, meet with the complainant in the front yard, she says you hit her, i ask her to write a prosecution statement if she wants to press charges, then take any witness statements separatley, then if I have enough probable cause to believe you're a suspect, I'll come back to you, then read you miranda rights, and advise you that you are under arrest....this way, you have the chance to say your side of the story and at the same time have the opportunity to press charges for any violence against you, given that you also have injuries to back it up.......

Answer 8

The police are required to read (or recite) your rights to you. If the officer did not do that at the time he placed the handcuffs on you, you have a case against him (legally). The problem is that it will be your word against his, and the cop always wins that one. (A word of advice: Stay away from cops and criminality of all kinds. Both are bad news. Both do not bring happiness.)

Answer 9

the in ordinary words reason they ask you in case you understood is so that you do not later declare that you'll not listen correct, do not talk English, or something like that. when you're patently being obstructive, then in all danger they'll purely proceed with the questioning. you're then loose to target to persuade the choose that your confession could be thrown out because you probably did not understand your rights, in case you could.

Answer 10

Your Miranda rights are required to be read to you WHEN YOU ARE ARRESTED.
If the cops asks you a question simply say: I'd have to check with my lawyer before I answer that. I don't care how simple of a question it is. There is no law that says cops have to be truthful or fair.
They will lie through their teeth if they think it will make an arrest.