I was brought in for questioning for what I knew about a crime. I wasnt arrested or anything, just questioned. My Miranda Rights weren't read, so can what I said be used in court at trial or not? Or are the Miranda Rights only read to the suspect who is/was arrested? Thank you in advance for all responses.
2006-12-02 08:07:02 · 12 answers · asked by Miss A. 3 in Politics & Government ➔ Law Enforcement & Police
Miranda rights only need to be read when a person is in custody (not free to leave, i.e under arrest) AND being interrogated about their involvement in a crime. What you said may or may not be used in court, but you wearn't arrested (in custody) so you're Miranda rights were not read to you. Hope this helps
2006-12-02 08:28:28 · answer #1 · answered by Bigdaddy 2 · 1⤊ 0⤋
The only time your miranda rights need to be read to you is when you are arrested. If you are being questioned about an incident and the police feel that you are a suspect, they can arrest you there on the spot without a warrant. At that point, they are required by law to read you your miranda rights. If they don't feel they have enough evidence, then they will tell you that you are free to go, and NOT leave the city until the investigation is final. Miranda Rights were created for when you are being arrested and for or at any other time.
Even at questioning, you can remain NULL and ask for a lawyer. You do NOT have to make any statements to the police WITHOUT a lawyer present.
I hope that this helps.
2006-12-02 08:49:03 · answer #2 · answered by shecatdevil 2 · 0⤊ 0⤋
The last post is correct if you are arrested then Miranda is required. If you were not being detained and voluntarily consented to come to the station and talk to them then no Miranda was needed. The key word is in custody, arrested. The key factor is if you were free to leave, which could take us to a new discussion. The definition of arrest and what constitutes a custodial arrest would be the next questions.
2006-12-02 17:04:00 · answer #3 · answered by bsure32 4 · 0⤊ 0⤋
If you were being asked about a crime that you committed or participated in, the police should have made you sign a document saying your statements are voluntary, etc. If you are later arrested, your rights will be read at that time, but they can use the statement you made earlier because you weren't a "suspect" at that time, just an ordinary citizen making a voluntary statement to the police.
Of course, your statements can always be used in someone else's trial, even if your Miranda rights were violated.
2006-12-02 08:15:19 · answer #4 · answered by abram.kelly 4 · 0⤊ 0⤋
I would like to add a question to this board concerning the same thing. I was called to the police station when my son was 17 so that he could be interviewed by police concerning another 16 year old and something he had done. They read my son the miranda rights before interviewing him and then let him go. After they spoke to the other boy, they came back around midnight and arrested my son. This time they did not read him his rights. Was this right? Please only serious answers from people in this field that you know.
2006-12-02 11:02:11 · answer #5 · answered by justhinking 2 · 0⤊ 0⤋
"There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime." I'm quoting from the following website:
http://www.usconstitution.net/miranda.html
2006-12-02 08:16:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Bound's hubby here:
Technically, the police did not violate your rights by not Mirandizing you when they asked you questions. However, should you be charged, the Prosecutor/District Attorney may attempt to use not only what you said, but also anything that was developed by your pre-Miranda answers and this WILL promote a severe case of agita for your lawyer, plus a reprimand to never say anything without a lawyer present.
I would suggest, that if you think you may be charged or that anything that you may have said may come back and bite you, contact a lawyer now!
2006-12-02 11:11:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Miranda Rights are required when you have CUSTODY- not being free to leave and INTERROGATION- questions to a suspect about a crime. Other than that, if you came in freely and were told you could leave at anytime. Miranda is not required.
2006-12-02 11:17:12 · answer #8 · answered by mikey 3 · 2⤊ 0⤋
Miranda Rights are read to suspects.They don't have to read them to you if they are just asking you questions. What you say can become a part of the police report and may be used in court.
2006-12-02 08:14:17 · answer #9 · answered by taylor799802 3 · 1⤊ 1⤋
the Miranda rights only have to be read once you become a suspect. If they are merely gathering evidence they don't give them
2006-12-02 09:47:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋