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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110422
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If someone is taken into custody on probable cause but read

Resolved Question:

If someone is taken into custody on probable cause but read their rights or charged with a crime, what does that mean?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Please clarify your question, it seems a bit confused?
Customer: replied 5 years ago.
He was not charged with a crime, has not been questioned and was not given his rights. 3 officers were present. They said it was probable cause on an assalt aligation but the girls has since recanted yet my son is still being held in county jail.
Expert:  Law Educator, Esq. replied 5 years ago.
It he was not questioned then the police did not need to legally read him his rights. Miranda rights are only required to be read when the police will actually question a suspect in a crime. If there was a complaint and he has likely been charged by arrest and the case is at the DA's office. If the girl has recanted, then you must get him an attorney to go to court and to go to court and file a motion for his release based on the recanted accusation. If not the DA has 90 days to charge him by indictment or bill of information or they must let him go.

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