when prosecuted by courts,are you to have been read your miranda rights?

Question

I was to go to court for something I didn't know about, I appeared was taken to jail, booked and released, without ever been talked to by police, and never had miranda rights read to me.

Answer 1

How did you know to show up at court? You can't be arrested or questioned without being read your rights. Why the secret about what the charges are? You need to discuss this with your lawyer. It will only matter if you incriminated yourself.

Answer 2

Ok, basic law here kiddo. What were you arrested for, when and what were the circumstances? If you were not in police custody, which means you were not free to go during a line of questioning, you were never guaranteed your Miranda rights. Those are only given to suspects who are questioned by the police and told they may not leave physical custody. If that did not happen to you, you were never formally interrogated, you don't get Miranda. From what you said above, you never talked to the police so I assume that is why they never read you Miranda. Prosecutors and judges are not obligated to read you your rights either. Any questions?

Answer 3

From your story, there was no need to ever read you your miranda rights. 20 people on yahoo answers can tell you that they know without a shadow of a doubt that when you are arrested you must be immediately mirandized, they would be wrong. If you are going to be interrogated about a crime you are suspected to have committed then yes, you must be read your miranda rights, whether or not you are in handcuffs are irrelevant. If you are questioned without them, a cleansing statement must be given to you which basically tells you that your prior statements are inadmissible. If you are arrested for FTA, for example, then there is really no reason to mirandize you.

Answer 4

Anytime the police interrogate you with an intent to arrest, they read you your Miranda rights and if you decide to talk anyway, they have you sign a legal document.

You don't give enough details on "something I didn't know about" but was "booked" for anyway.

Answer 5

Custody + Interrogation = Miranda

What this means is that if you are in custody, and not free to leave, then you must be read your Miranda warning if the police are going to ask you any questions. If they ask you questions, but your not in custody, then Miranda is not required, because you are free to leave. Both elements have to be present for Miranda to be required

Answer 6

While being arrested your miranda rights should have been read to you, but any attorney will tell you to try and prove that to a court system. Who do you think the judge is going to believe? Not you.

Answer 7

They must either read your rights to you, or give you a form to read with your rights on it, for you to sign upon arrest.

It doesn't matter if they actually question you or not, because it also protects you from saying anything on your own without thinking. Being arrested is probably very stessful, and any number of things can come out of a persons mouth.

Answer 8

Miranda v. Arizona (ie:Miranda Rights) deals with the 5th amendment right against self incrimination and 6th amendment right to counsel. If you weren't questioned and you weren't presented before a judge or grand jury, I don't think they have to read you your rights, seeing as at no point could you have excersized them. They generally read you your rights as a matter of policy at the time of arrest though.

Answer 9

Law enforcement only is required to inform you of your rights if they plan on questioning you. Anything you say when not coerced or asked, is considered to be a "Spontaeneous Utterance", information willingly volunteered by you which is admissible in a court of law even if you were not informed of your rights.

Answer 10

you are only read your miranda rights upon arrest.