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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19688
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Is it normal procedure to not be read your miranda rignts when

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Is it normal procedure to not be read your miranda rignts when arrested?


No, it is not necessarily normal operating procedure for law enforcement not to read a suspect their Miranda Rights when they are arrested. However, unless the arrestee is questioned, there is nothing unlawful in not having them read. In other words, the only consequence of not giving someone their Miranda Rights is that at trial, the defense and make a motion to suppress any statement that was given by the accused when they were questioned by the police after arrest and without a Miranda Warning.

Please let me know if you need any clarification. If I have answered your question completely, please don't forget to leave a positive rating so I get credit for helping you. That doesn't cost you anything, but does get me paid from your subscription or deposit. But again, please feel free to ask follow up questions if you have them.

Customer: replied 3 years ago.

Thank you for your answer. Is there anything wrong with being told to shut up by the arresting officer when you try to explain what happened or it is going to get a lot worse for you?

Hello again, you're welcome and thank you for your reply. Well, it is obviously rude that the officer behaved this way but, in a way, he or she could be right. What I mean by that, is that when an arrestee makes statements without being questioned, those statements can be used against them at trial or in an investigation. So, it is really better not to say a word, even if you think you can explain. Better to just save the explanation for your attorney and let them see if that helps get the charges dismissed.

But, in any event, what they said isn't illegal.

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