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Miranda Rights Questions

Miranda rights are used by police as a warning to a suspect who is in police custody before the suspect is interrogated by the police. The Miranda offers the suspect an option to either answer the questions from the police or remain silent. In the event that the police don't offer the Miranda rights to a suspect before questioning, they can still interrogate the suspect but cannot use the statements in court. Below are questions regarding the Miranda rights that have been answered by Experts.

What course of action is usually taken if your Miranda Rights are not read when the handcuffs are placed on a person?

Most people rely on the scenes from television when they think about Miranda rights being read. Usually, the officer immediately begins to site the Miranda rights to the person being arrested. But in the real world, this isn't necessarily how it works. The Miranda rights are only read to the person being arrested if the police expect to question that person. This is the only time the person will hear the Miranda rights and will be given the option to talk or not. Anything the person says after being read the Miranda can and will be used against them in court. However, if the police ask the person questions without reading the Miranda, anything that person says cannot be used in court. Furthermore, any evidence that stemmed from the persons admissions without the Miranda cannot be used in court either.

What should happen if the Miranda Rights were not fully read to a suspect at the time of being placed in custody? However, an hour later an officer did read them in full but he was not the arresting officer.

If the Miranda rights were not properly read, the person can file a Motion to suppress anything that was said before the Miranda rights were read. The Miranda rights must be read to the person before any interrogation (questioning) takes place. If the person isn't questioned, there is no need for the Miranda. However, any statements that the person makes voluntarily that are not in response to a question from the police are not covered.

In your situation, if you had not been taken into custody yet, there was no reason for the officer to read the Miranda rights. You will need to determine whether or not the Miranda rule has been violated and if it was, you can file for a Motion to suppress any statements made.

When are the Miranda Rights supposed to be read? Are they always supposed to be read, no matter what you are arrested for?

The type of crime isn't what determines whether the Miranda rights are read. The only time the Miranda must be read is if the person is arrested and the police plan on interrogating that person. However, if the Miranda rights were not read to the individual and they willingly divulge any information, that information can be used against them in court. So long as the individual is not directly asked to answer a question about the crime, there is no need for the police to read the Miranda.

I was never read my Miranda Rights when I was arrested for interfering with reporting of a crime. Can my statements be used against me in court?

The police have to inform a person of their Miranda rights prior to questioning them. However, if the person in question has not been arrested, the officers are not required to warn them of their rights. Another thing is, the officer doesn't have to warn the individual not to answer any questions or make any voluntary statements This means, if the police officer didn't ask you a direct question, but you willingly gave a statement, the statement can be used against you. If you answered a question made by an officer, that statement should be inadmissible and considered illegally obtained by the officer.

Do mentally disabled persons have special Miranda Rights?

This generally would depend on the circumstances and the level of the person's disability. Some people with mental disabilities may be deemed unable to understand the full extent of what they are giving up when read the Miranda rights. A person must understand the full extent of the rights being waived when that person is read the Miranda rights in order for it to be considered a valid waiver.

Usually, a situation like this would require the person to have legal representation. If you were able to have the confession waived, there may still be enough evidence in the case to proceed with a trial. You should find an attorney to assist you with what steps to take next.

The Miranda rights were designed to inform a person of their legal rights. Generally, people will either waive their rights or remain silent until they have spoken with an attorney. In some situations, people find themselves in a situation where they have misunderstood their rights and are now having their statements used against them. This is when you need to ask an Expert for assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Recent Miranda Rights Questions

  • my nephew was arrested a week ago and has not been provided

    my nephew was arrested a week ago and has not been provided an attorney, he has been unable to find employment and can not afford one. Does not the Miranda rights state that a attorney will be provided if you can not afford one. He was taken from his home and questioned for 9 hours. He does not understand documents since he had been diagnosed with lead poisoning when he was little. He has been to court twice and will go again on the 19th. He can only see his family for 10 minutes on Wednesday and Saturday and they can not bring him any clothes from home to keep him warm. He has to pay for everything he gets which puts a burden on the family. We were told by legal assistance that if we bonded him out that the county would find some way to keep the money. Is that legal? his bail is 100.000 and has been arrested for predatory criminal sexual assault by his Xwife. The police say they have been investigating this for years and was to have happened in 2005 or 2006. This case is in Bloomington,Illinois Mclean County. His ex has also accused her father of raping her when she was young and has been living with him since she walked out on nephew. What would be his best course of action?
  • If you have been read your Miranda rights ,and ask for attorney

    If you have been read your Miranda rights ,and ask for attorney ,is it leagal for the officer to keep questioning you,and that tape be used in court.Thank you
  • my wife was pulled over for a late blinker .the trooper took

    my wife was pulled over for a late blinker .the trooper took her driver license and proof of
    insurance back to his car. when he returned , he pulled my wife out of her truck and started reading her the Miranda rights. my wife ask what was this for. the trooper replied "your going to jail. this was before he even gave her the sobriety test. he must of on her record that she took pain medication. he knew she would show positive for medication.
    when i got to the scene to pick up our puppy, my wife was handcuffed and in the car
    already. when i talked to her, she was straight as a judge. the officer said he messed up on counting backwards . i have a letter from the vet she had just been to, saying she was as normal as always. i know for a fact she had not taken any med's since that morning. we keep them in a lock box that a keep most of the time. what should i do ?
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