I was arrested but never read my Miranda rights and was in jail for almost 12 hours before i was able to bond out
2007-07-29 15:21:36 · 24 answers · asked by Eddie R 1 in Politics & Government ➔ Law & Ethics
If you are in custody, they have to read you your rights.Then again, if they didnt interrogate you, no harm, no foul.
2007-07-29 15:24:03 · answer #1 · answered by Toodeemo 7 · 0⤊ 2⤋
Only if you are going to be interrogated. If you were just put in jail, held 12 hours and bonded out, there was interrogation.
You obviously were caught doing something illegal, arrested, arraigned, bail set and it was over. No need to interrogate.
Mirands tells you that basically, you don't have to say anything but if you do, you have the right to a lawyer. Obviously, no lawyer was needed and no questioning was involved.
2007-07-29 22:41:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
In 1963, Ernesto Miranda was arrested for kidnapping and rape. He made a confession without having been told of his constitutional right to remain silent and his right to have an attorney present during police questioning. At trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled (Miranda v. Arizona, 384 U.S. 436 (1966)) that Miranda was intimidated by the interrogation and that he did not understand his right not to incriminate himself or his right to counsel. On this basis, they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him and other evidence presented. He served eleven years.
When Miranda was later killed in a knife fight, his killer received the Miranda warnings; he invoked his rights and declined to give a statement.
2007-07-29 22:28:49 · answer #3 · answered by g42450 1 · 0⤊ 1⤋
Well, it's a moot question anyway if there's no evidence illegally obtained during your time behind bars. When I was in law school , the triggering event for Miranda was "custodial interrogation".
2007-07-30 07:49:16 · answer #4 · answered by MALIBU CANYON 4 · 0⤊ 0⤋
yes they do. in fact there is a very famous case, which im pretty sure is the miranda vs us court case, where the guy was not read his rights, then was released because the police mishandled the case. if you were not read your rights you may be able to get out of trouble and you shouldnt have to pay your bond. however, they may hold you for less than 24 without arresting you. so if you were arrested and booked without the rights your good, if not, it wont fly.
2007-07-29 22:26:33 · answer #5 · answered by Anonymous · 0⤊ 3⤋
No.
The only time you have to be read Miranda is if you are:
1). In custody (i.e. under arrest). and
2). Being questioned about a crime.
If either of those two are not happening then Miranda is not required.
2007-07-29 22:25:02 · answer #6 · answered by El Scott 7 · 3⤊ 1⤋
You've been watching too many TV shows. No, they only have to read you your rights if they are going to interrogate you for any reason.
2007-07-29 22:32:57 · answer #7 · answered by Anonymous · 1⤊ 0⤋
The only time they have to Mirandize you is if they wish to question you while under their custody.
2007-07-29 23:48:14 · answer #8 · answered by X M 3 · 0⤊ 0⤋
No, you have to be mirandized if you are charged with a crime and questioned, They can hold you for a period depending on what you did, I would imagine DWI............Nuf Said
2007-07-29 22:26:01 · answer #9 · answered by Elo Fudpucker 5 · 1⤊ 0⤋
Not unless they ask you questions if they decide not too ask you anything you don't have the "right to remain silent"
2007-07-29 22:24:36 · answer #10 · answered by netjr 6 · 2⤊ 0⤋
HEY, THEY HAVE TO READ THEM TO YOU ON DRAGNET, dammit!
TV makes the rules, real life police have to watch the shows to know the latest updates and amendments.
2007-07-29 22:25:18 · answer #11 · answered by Noone i 6 · 0⤊ 2⤋