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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110491
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My fiancé was arrested at our home at the request of the

Customer Question

Hello, my fiancé was arrested at our home at the request of the Sate of Michigan. No Miranda Rights were issued and was told there would be no court appearance nor would he be able to obtain legal representation. This is the 2nd time that Michigan has attempted to extradite with a governors warrant. The first time, they were given 120 days to come and get him and failed to do so. He is currently on probation in Wisconsin for DUI. I am calling shenanigans. Thank you for reading...Angela Danke
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid it is a common misconception that everyone arrested must be advised of their Miranda rights, but it is not true. Miranda only needs to be read to an arrested subject if they are being questions about their crime. If they are not questioning him about any crime, he does not need Miranda rights.

They CANNOT deny him the right to an attorney, since he has a right to object to the extradition and fight the governor's warrant in court. Ultimately, even though he can fight the governor's warrant in the court in WI to stop extradition, he will need an attorney in MI to fight the underlying charges in MI to put an end to the arrests for the outstanding warrant. He is entitled to an attorney though and he is entitled to have his attorney file an objection to the extradition and warrant.