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4ren6
4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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my brother was arrested but before he was when the officer ...

Customer Question

my brother was arrested but before he was when the officer asked to to talk with him my brother asked if he could call an attorney first he was told no and they never read him his rights before or after questioning him and they new my brother is mentally disabled so this made it real easy for them to get him to talk..
Submitted: 8 years ago.
Category: Criminal Law
Expert:  4ren6 replied 8 years ago.
A person does not have to be read their Miranda rights until they are actually under arrest.

Asking questions is one thing..........being questioned is another. If he was arrested then he should have been mirandized.


http://www.expertlaw.com/library/criminal/miranda_rights.html
4ren6 and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
when should this be brought to the courts attention
Expert:  4ren6 replied 8 years ago.
May I ask first how can you be so sure he was not mirandized.................were you there.
Customer: replied 8 years ago.
Reply to 4ren6's Post: for one its not in the arrest report and a nieghbor was listening through his front window
Expert:  4ren6 replied 8 years ago.
Save the report then.........as the report normally will clearly state at what time they gave or read him his rights. It should be brought to the courts attention at the earliest time. If he is going before a judge tomorrow then they need to tell the judge that they were never read their rights. However, understand that many people claim this and the judge may not take it serious.................I suggest that he or you retain council to further handle this with the courts.
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Customer: replied 8 years ago.
for one its not in his arrest report and his neighbor was listening by his front door.
Expert:  4ren6 replied 8 years ago.
Save the report then.........as the report normally will clearly state at what time they gave or read him his rights. It should be brought to the courts attention at the earliest time. If he is going before a judge tomorrow then they need to tell the judge that they were never read their rights. However, understand that many people claim this and the judge may not take it serious.................I suggest that he or you retain council to further handle this with the courts.
4ren6 and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank You he has a public defender and we are getting ready to go to trial and he claims thats when its time to bring all this up..
Expert:  4ren6 replied 8 years ago.
He is correct............do it at trial.............the attorney is doing his job correct.