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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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got caught with possesion of crack/cocaine, they arrested me

Resolved Question:

got caught with possesion of crack/cocaine, they arrested me put me in the cell for two hours, never read me my rights, while in my cell he asked me if i wanted to talk to NH drug task force to reduce penalty. I made bail and left, now witha court date, november 3. Doesn't the law state somewhere in order to be arrested, you have to get your maranda rights read to you, will this help me in court?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.
I'm a criminal defense attorney and that is probably the single most often asked question I get.

Unfortunately, people misunderstand the application of the Miranda warnings all the time. Miranda does NOT need to be read at the time of an arrest. Miranda is required to be read when two factors are present:

- The person must be in custody. While this normally means an actual, physical arrest, this is not necessary, the person need only not feel free to leave the area. For example, if law enforcement asks you to come to their station, you do so, and then are in an interrogation room with 3 officers around would not feel free to leave.

- The person must be subject to an interrogation. This would mean being asked questions by law enforcement about some criminal activity. This would NOT include being asked your name, date of birth, address, etc.

So, unless BOTH these factors were present, the lack of Miranda warnings is not controlling.

To best protect your rights in court, I would urge you to look into hiring a criminal defense attorney in your area.

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