If you are arrested in the United States, you are entitled to an attorney and to remain silent. It makes no difference where you are or where you are from.
2006-10-11 05:49:02
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answer #1
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answered by Anonymous
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What if the police don't read me my rights?
Outside of TV land, the police do not have to read you your rights. However, if they do not read you your rights after the arrest and before interrogation, then the statements you are said to have made could be precluded from being used against you at trial But, if you testify and say something different than what you allegedly said in your prior statement, they can use the statement anyway. Many people do not realize that Mr. Miranda himself, was retried, convicted of murder, and sent to jail.
Certainly you should take note of whether or not the police read you your rights if you are arrested, but if you do not make any statements, it does not make a difference.
they are supposed to at all times read you your rights, but if they dont before interogation then they are screwed if they get a testimony from you, you then can hold it against them.
2006-10-11 05:53:03
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answer #2
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answered by ? 4
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Miranda is still Law in the US. However, many people do not understand when it applies. For Miranda to be in force, there must be two things:
1) In Custody.
2) Interrogation
If I arrest you, and I don't ask you any questions, Miranda does not apply.
Example: I say "You're under arrest for <>", put handcuffs on you, put you in the car, and do not ask you anything, that's perfectly legal. If you suddenly say, out of the blue, without me asking you "Hey, ok...I did it"...or some such, your statement CAN be used.
If I'm asking you questions on the street, and you are not in custody, you can walk away, and you admit to a crime, it CAN be used against you.
If I arrest you, and then start to question you, Miranda applies, and you must be advised of your rights before your statements can be used against you.
2006-10-11 06:28:56
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answer #3
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answered by tyrsson58 5
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Miranda laws have been relaxed some what, but police are still required to read you your rights at the time you are placed under arrest.
2006-10-11 05:48:39
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answer #4
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answered by kja63 7
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You don't give any details regarding whether Miranda comes into play.
Were you denied the right to an attorney (at no cost to you)? Did you ask for one? Not know you had the right to one?
Were you interrogated without being warned about use of any statements you make? Did you say incriminating things?
2006-10-11 07:58:58
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answer #5
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answered by tehabwa 7
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For a warrant, they have to hand you over paperwork authorized by a judge. doesn't matter which or what state you are in, they can arrest you & read you your rights!! If they don't then its fun for your lawyer to go after them!!!
2006-10-11 05:50:05
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answer #6
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answered by redirishactress 5
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when my bf got arrested i was thinking the same thing, but you know what they did to him after he was frisked and all that they handed him a little white buisness card that had themiranda rights written right on it. can u believe that! they must think it saves time, but what if the person their arresting can't read then so muchfor that bullshit.
2006-10-11 05:51:04
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answer #7
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answered by CHERRYSCION 3
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The truth of the matter is that our country says you innocent until proven guilty, because it sounds good to other countries, but the truth is you are GUILTY unless you can prove otherwise, and if you can't, "BYE BYE", now let's keep it real.
2006-10-11 07:02:18
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answer #8
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answered by Anonymous
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Actually the supreme court ruled that police don't have to advise of your rights anymore.
2006-10-11 05:52:30
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answer #9
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answered by Anonymous
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Absolutely....the miranda wal clearly states that you are to be advised of your rights before the police ask you any question, just remember not to volunteer any informatin before they ask, otherwise that doesn't apply...
2006-10-11 05:49:10
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answer #10
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answered by kveldulfgondlir 5
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