Reading my rights?

Question

Hello
I was arrested on a minor charge which is Disorderly Conduct. The office stated Iam placing you under arrest for "Disorderedly Conduct then hand cuffed me and placed me in his squad and took me to the station. He printed me I posted $300 dollars bail and was released. My rights were also were not read to me in the station.

I realize each day we are losing our rights by stupid law makers on the bench passing new laws to take from us, but do they have to read me my rights if they tell me and place me under arrest?

Thanks for reading

Sorry let me re clarify it again. He came to my house to investigate a incident. The officer did not already know who I was and what happened when he arrived. You see my wife told me she had an affair with another man. I was irate and went into my office and smashed my computer. Just my computer guys nothing to my wife :).

Answer 1

You were already placed under arrest for a specific charge. Miranda warnings were not required.

Answer 2

Something similar happened to me...well not exactly. I got into a fight with someone on a train and many people called the police. Maybe a week later two detectives stopped me while driving and had all this information on me and even my twin brother who wasn't even in the state at the time. He handcuffed me and put me in the back of his car and I actually asked him if he has to tell me at least why I was getting arrested, let alone reading my Miranda rights. His response was "you don't want to make this worse for yourself". So I did exactly what I said. I had a lawyer who was very expensive and is very well known by the courts around my area and it seemed this whole thing wasn't even an issue to him. So basically, no, cops don't have to do anything they don't want to.

Answer 3

As you have no doubt learned, you have no Rights, Miranda or otherwise. Whatever the cop says happened, is what happened. Hire a good attorney - they don't want you in jail, they want your money. It's all about making money. Sorry, the cops don't like this answer, but it's true. Let a cop make a mistake and feel the outside of the blue line, and then they understand. You are lucky there was a bail set quickly. Our little good ole boys have 4 (four) circuit judges, and believe it or not, sometimes you can't find one for days. Conversely, let a cop get arrested, a judge crawls out of bed on a holiday to set bail. And they wonder why we cry "FOUL"! We have no automatic bonds - a judge has to see everyone. So, if you get arrested on Friday, you will sit until after court closes on Monday. Unless, of course, you are the above mentioned cop, then the judge can take a break and come set your bail.

Answer 4

Miranda warnings require 2 things: custody and interrogation. You must be in custody, and the police must be asking you questions designed to illicit incriminating responses. Therefore, if you are in custody and the police are not questioning you about a crime, then they are not required to give you the Miranda warnings. Conversely, if they are interrogating you but you are not in custody, then they are not required to give you the warnings. Additionally, if you were charged with a non criminal summary offense, such as Disorderly Conduct, then Miranda warnings do not apply.

There is a common public misconception that the police are required to give the Miranda rights when they arrest someone, and it simply isn't true. As it's been said many times, "don't believe everything you see on TV".

Answer 5

The key with your arrest was the fact you where not arrested for a crime. Disorderly conduct is a violation of the law, a non-criminal offense and Miranda does not apply.

For the vast majority of arrests, miranda need not be read. It is only read when an investigation is being done and you could provide info that is detrimental to you, so you have the right to reamin silent, right to an attorney etc. In your case, you commited a minor Non criminal offense. The officer was arresting you based on evidence he saw. Your average uniformed patrol cop very rarely needs to read anyone miranda.

Answer 6

Miranda rights only need to be read when you are going to be questioned. You stated that you cuffed, and taken to the station. So there was no need for miranda. Had he started to question you without reading you miranda, all the information you gave would be thrown out.

If you are detained and transported to the station, miranda does not need to be read. You have seen too many movies.

Answer 7

Simple really, call attorneys out of the phone book, explain your case and see what they say. If you cannot afford an attorney call legal aid and one will be appointed to your specific case. Once you have a lawyer you will be able to fight this situation a lot easier. DV/DOC max punishment first offense max 90 days. Just consult attorneys and they will be able to tell you if the miranda rights still apply in this juristiction. Good luck.. I was in the same boat 8 years ago, but my rights were read.

Answer 8

he didn't need to read you your rights, because after he arrested you, he didn't ask you any incriminating questions. so no, your going have to do the time for your crime. he has no need to read them to you.

Answer 9

You only need to be read your rights before you are questioned. If you have not been questioned they have not violated your rights.

Answer 10

Don't ask me, I think Miranda is one of the dumbest things ever created.