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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110470
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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When theres a police report with filed with questioning, and

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When there's a police report with filed with questioning, and talk of arresting someone aren't Miranda Rights required?

How can someone have criminal charges posted on their file and doesn't that pose as a problems down the line with immigration issues?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Before the police can question anyone they suspect of committing a criminal act about that act, they must advise the person of their Miranda Rights. If the person is not a suspect of committing the crime, then no Miranda is required. The key is that the person being questioned has to be suspected of being the perpetrator of the criminal act to invoke Miranda and the mandate that police advice the person of those rights.

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