2007-04-23 05:37:19 · 12 answers · asked by Sean G 1 in Politics & Government ➔ Law Enforcement & Police
Originally charged with a crimnal conversion (misdemeanor), at court I was takern out a then charged with theft (felony). The charge was changed and I was being arrested and processed for the second time that week, but the officers did not read my rights.
2007-04-23 05:42:15 · update #1
if i am the arresting officer and all I'm doing is arresting you and processing the charges to be filed against you , i am not legally required to Miranda's you . because i am not questioning you or taken a statement
2007-04-23 05:54:54 · answer #1 · answered by Dr.Bucksnort 7 · 0⤊ 0⤋
Miranda is required only for custodial interrogations. Some police use it more often as a 'safety' measure to cover their butts. If your charges were increased to something more serious, there may have been a grand jury in your honor, and you don’t get the opportunity to testify at those anyway (only those against you can testify). If you were in another interview, and gave a statement without Miranda, then the statement can be thrown out if your attorney catches it, but still, the evidence and charges can remain (depends on the judge). My bet is Miranda will be changed or absolved in a few years. People know their rights to an attorney by now.
2007-04-23 07:13:11 · answer #2 · answered by Bobby 2 · 0⤊ 0⤋
Custody plus interrogation equals Miranda. If they did not question you further about the incident, the officers were not required to read you your rights under Miranda. Any spontaneous utterance you may have said is on you. And the charges weren't just "bumped up". The prosecution and the judge felt there was enough evidence against you to support the higher charge.
2007-04-23 07:43:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
We don't have to read you your rights you know. But if we don't, then any statements you made following arrest are invalid. The statements aren't valid and as long as your other rights weren't violated, the charges will still stick. Seeing as they made it a theft charge, I'm thinking they didn't read you your rights because they don't need your statement to prosecute, the theft has enough evidence without a statement. Also, I imagine since you already have an attorney, none of your other miranda warnings were violated. They are rights, but they are given as a warning, hence why they are miranda warnings, you always have the rights. Miranda warnings just make sure you are aware of those rights.
2007-04-23 05:58:57 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If you were still under arrest, Miranda doesn't apply. If your charges were upgraded from a misdemeanor to a felony, Miranda doesn't apply. Anything you say prior to the arrest can be used as evidence, as well as anything you say voluntarily after Miranda.
2007-04-23 06:15:09 · answer #5 · answered by CGIV76 7 · 0⤊ 0⤋
Did they read them when they arrested you for the first charge? If did so then you were unde "Miranda" and they have no need to read them again for the same crime even if they change the carge.
2007-04-23 05:52:28 · answer #6 · answered by ? 7 · 0⤊ 0⤋
Were you arrested in court, or were the charges just bumped up? If they were bumped up, then there isn't anything you can do.
2007-04-23 05:53:55 · answer #7 · answered by George P 6 · 0⤊ 0⤋
They only need to read you your rights if they ask you a question pertaining to the criminal charges. If your gonna be a thief remember that. It'll come in handy.
2007-04-23 08:31:24 · answer #8 · answered by Keith 5 · 0⤊ 0⤋
Sorry, once you have been Mirandized, then you remain Mirandized.
and I really , hate to quote a guy who didn't listen to his own theme song but.......don't do the crime if you can't do the time.
2007-04-23 05:53:46 · answer #9 · answered by emmhogan 2 · 0⤊ 0⤋
if you are not read your miranda rights, your lawyer can throw out the charge
2007-04-23 05:41:29 · answer #10 · answered by Jez 4 · 0⤊ 2⤋