How important is the timing of “reading” the Miranda rights?

Answer 1

Very!

Miranda rights are appropriate when the suspect in question is placed in custody. Certain things said in custody, but before a Miranda warning, can be excluded. The question of when custody begins is paramount to the question. If you are ever placed in the back of a police car, that is custody. If you are stopped on the street and asked a question, that might not be considered custody. If you are in handcuffs, that is. If you are in a room with a police officer, that might be. It varies based on a number of factors.

When custody begins, Miranda becomes necessary, and statements made without Miranda warnings MAY be excluded. But when you're not in custody, Miranda rights are not invoked, and things you say CAN be used against you.

Answer 2

The law student has provided the best answer. Your arrest has EVERYTHING to do with the need for Miranda rights. The standards is whether it was a custodial interrogation. There are a lot of factors to consider, but don't get lost in trying to be your own lawyer...you'll screw it up. I'm a defense attorney and I advise all my clients to say these three things and ONLY these three things.

(1) I want a lawyer
(2) I do not want to make a statement
(3) I want to leave.

Asking for a lawyer triggers the requirement for them to stop interrogating you until a lawyer is made present. Dont dilly dally or be shady. THe law is clear that you have to clearly be asking for a lawyer. It's not good enough to say "maybe I want to talk to a lawyer" or "Can I talk to a lawyer." YOu have to DEMAND a lawyer to be clearly invoking this right.

Do not make any statement. Of ANY kind. I've had so many clients say "I don't want to make a statement...but let me tell you what happened. It never goes well.

Tell them you want to leave. They will never voluntarily let you leave. Cops are good about making it appear that you are in custody when you are actually free to leave. If you ARE free to leave, then Miranda rights are not required because it is not a custodial interrogation (since you are not in custody). So many of my clients believe they are not free to leave and can't leave until they talk. They are done before I can help them if they talk.

So...repeat after me: I want a lawyer....I do not want to make a statement. I want to leave. It is on the back of my business card. The cops where I'm at HATE when my client pulls it out and reads the back. YOu may be guilty at the end of the day, but a lawyer can help you get a better deal/sentence if he does not have to un-f**k your statement.

Great answer from the law student...my advice is just putting the "practical effects" to it. Good luck with law school!

Answer 3

The only time Miranda Rights are necessary at all, is if the suspect is going to be questioned about the crime they are believed to have committed. If the officer doesn't ask questions specifically about the crime itself, then Miranda Rights do not have to be read to the suspect at all.

If however, the suspect is asked about the crime WITHOUT having been read their Miranda Rights, then those statements made by the suspect would NOT be admissible as evidence in court against the suspect.

Answer 4

Very important! It must be read to the person when they are told that they are under arrest. Any later than that & the person can say they talked & were not told of their rights. That is one of the reasons that police cars are being fitted for visual & sound cameras, that & to protect the police from being sued for doing harm to the person being arrested.

Answer 5

They only need to do it when they are going to question you. It has nothing to do with the arrest. So they can arrest and let you go and never had read you your rights.

Answer 6

Anything you say after the reading can be used against you.

Answer 7

As soon as they say you are being charged with anything your rights should be read to you.