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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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Is it normal procedure to not be read your miranda rignts when

Resolved Question:

Is it normal procedure to not be read your miranda rignts when arrested?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

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 1 year 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?

Expert:  Marsha411JD replied 1 year ago.

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.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17249
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 7 other Criminal Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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