2007-04-13 09:38:08 · 20 answers · asked by Mofo21 the2nd 2 in Politics & Government ➔ Law Enforcement & Police
What were you arrested for, and what was your condition?. Unless it was video taped, why even mention it.
2007-04-13 10:00:53 · answer #1 · answered by CGIV76 7 · 0⤊ 1⤋
If it was a misdemeanor arrest then it was likely not necessary for the officer to question you so therefore no Miranda warning. In most places a misdemeanor warrantless arrest can only be made if the crime happened in the officer's presence. The exception being domestic violence offenses. A traffic stop where a ticket was issued is an arrest where the offender is released on citation and issued a court date. Most often miranda is given when direct questioning is about to take place. An attorney can tell you whether or not your case warrants bringing that to light. Likely it doesn't.
2007-04-13 10:27:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
NO. Do not bring it up.
I've been arrested about 5 times, and not once have I been read my rights.
You will ONLY be read your Miranda rights if the officer wants to question you, and then use your answers in court. If, for example, an officer finds you in possession of a controlled substance, he/she will not bother reading you your rights, because they have all the evidence they need - they have no desire to question you about it and use your answers in court.
Despite what you see on TV, it is incredibly rare that you will be read your rights. Announcing that you weren't read your rights in the courtroom will make it look like you do not recognize the seriousness of the offense that you commited and that you are rather detached from the whole process. BAD IDEA.
If you're facing a serious charge, GET A LAWYER. If not, go in and plead "no contest" (which means guilty, but is to say that you're guilty because you don't want to contest the issue - a better way of pleaing guilty).
2007-04-13 10:18:24 · answer #3 · answered by jackk763 1 · 0⤊ 0⤋
Depending on what state you live in will determine how much this fact will affect your case. Essentially miranda simply states that any statement the police collected from you without being advised of your rights is not admissable in court. Meaning that the police can not use anything you say, but if the officers and the DA built there case on other information then it is a moot point. Also recent court rulings have established that excited utterances are not protected by miranda meaning if you admitted or confessed before the officer could read you your miranda rights, too bad it is admissable.
2007-04-13 09:53:13 · answer #4 · answered by levindis 4 · 0⤊ 1⤋
It depends on where you were arrested and to what nationality you are. Some countries provide the right to remain silent where as others don't. If you are a foreign national then technically the rights of the citizens of a specific country that you have been arrested in do not always apply to you. Speak to a lawyer to find out where you stand.
2007-04-13 11:15:13 · answer #5 · answered by Ben 2 · 0⤊ 0⤋
The law nor Supreme Court require you to be Mirandized just because you are arrested.
There is no legal requirement to Mirandize you unless you are asked specific questions concerning your participation in a criminal offense.
Miranda is a warning that cautions a suspect against self incrimination.
Simply asking a name, address, place of employment, home telephone number, etc., is not a Miranda or 5th Amendment issue.
There is another issue concerning "spontaneous utterances."
This would be where the police approached you and you suddently blurt out "I didn't mean to kill the person!"
Even though you were not Mirandized...the statement is admissable in court!
Should you have further questions, feel free to email me directly.
Best wishes.
"Killa D"...Miranda is a Supreme Court ruling that applies to ALL law enforcement not just federal agencies.
2007-04-13 09:47:51 · answer #6 · answered by KC V ™ 7 · 4⤊ 0⤋
No dont bring it up!!!!!!! Although there are times you dont have to be Marandized, there is a chance you could get away with whatever you were arrested for, and we cant have that now can we?
2007-04-13 09:48:31 · answer #7 · answered by Anonymous · 0⤊ 1⤋
In most states I believe, if you are in fact arrested, police are required to give you your Miranda rights. If police try to use what you say against you in court, it should be admissible as evidence. Good luck with this though, As the judge will most likely believe law enforcement rather than whoever is the accused.
2007-04-13 11:28:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You should let your attorney do the talking. The judges and the attorneys are all on the same side anyway. Let your attorney do the talking, unless they really start to mess you up. Then respectfully ask the judge for permission to speak. Overall, the judge doesn't want to hear what you have to say anyway. You are pond scum as far as the judge is concerned and they don't think pond scum can speak.
2007-04-13 11:07:07 · answer #9 · answered by .. .this can't be good 5 · 0⤊ 0⤋
Contrary to what you see on TV, the law does not require that you are mirandized just because you were arrested. The officer is only required to read you your rights if they are interrogating you about the crime you are being accused of committing.
2007-04-13 19:17:08 · answer #10 · answered by mysterious1 1 · 0⤊ 0⤋
well The Miranda rights are only necessary if you are in a custodial interrogation. if you are just arrested you are need to be read Miranda rights. now if you are taken to the police station and are questioned as a suspect then they are require it be read Miranda. but bring it up
2007-04-14 07:36:17 · answer #11 · answered by Ariel F 1 · 0⤊ 0⤋