i was arrested and questioned then later charged and nobody read me my rights is that legal?

Answer 1

It's not like what you see on TV.

There is nothing illegal about police making an arrest and not advising a suspect of his or her rights.

What the Supreme Court ruled in Miranda v. Arizona is only that if the police fail to advise a suspect of the rights to remain silent and to counsel, and they then, while the suspect is in custody, question the suspect, anything that suspect says, and any evidence that develops as a result of something that suspect says, may NOT be used against the suspect in court.

The rule under which the improperly obtained material is barred is known as the exclusionary rule. But that rule does NOT bar any evidence which is obtained through other means, and does not mean that a case will be automatically dismissed because of a failure to advise a suspect of his or her rights.

Answer 2

In Canada, the failure to read you your Charter rights and tell you of your right to seek legal advice, via a 24 hour "Brydges" line or otherwise, will impact upon the evidence that can be used against you. For example, if you start talking (as most accused will do) and say things against your interest, those things could very well be excluded during the trial. The same goes for anything seized from you. I strongly suggest you make your lawyer aware of these circumstances because there are a lot of grey areas here. When you tell your lawyer, be sure to describe exactly how you were arrested and who said what. You'll also want to check what the police file says (you'll get it as part of disclosure from the Crown).

The Miranda rights apply only in the US.

Good luck.

Answer 3

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".

The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect's Fifth Amendment right to avoid coercive self-incrimination (see right to silence). However, since its creation by the Warren Court, the Supreme Court has indicated that the Miranda decision imposes "prophylactic" or preventative safeguards rather than protections mandated by the Fifth Amendment privilege.

Answer 4

This is a question that my clients ask me all the time. If you were arrested by law enforcement and questioned about the actual offense that you were charged for, then it is likely your rights were violated. However, if you were not questioned about the actual offense, then it is not likely your rights were violated. Please keep in mind that Miranda warnings are applicable only in certain situations. If you have been charged with an offense in Virginia, Maryland or Massachusetts, you are welcome to contact my office. You can reach me through my website: www.srislawyer.com
Good Luck.

Answer 5

If the police officer intended to arrest or detain you whatsoever, then he first has to read you your miranda rights. All that means though is that anything you said to the police officer prior to being read your miranda rights is inadmissible in a court of law. It might be illegal, but good luck trying to do anything about it. You can make a report to the Chief of Police.

Answer 6

Miranda only applies if you were arrested and taken for questioning.

Answer 7

It is absoltely legal.
At the same time it -will- help your case in court if you claim you didn't know your rights under the 5th amendment.

Answer 8

Make sure your attorney knows.You may get your case dismissed. They are supposed to read you your Miranda rights.

Answer 9

im not 100% but i think you can get your case dismised