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Miranda Rights Questions

Miranda rights are used as a warning by police to a suspect before being questioned. The police are required to give Miranda to anyone being questioned after being arrested. In the event that Miranda isn't given and a person's statement has been taken, in order to protect their rights, the person needs to have an attorney file for a suppression hearing. This is a hearing to show that the person's rights have been violated and an attempt to keep the statement from being used against the person in court. Below are a few questions regarding Miranda that has been answered by Experts.

If you were never read your Miranda rights, is a signed statement admissible in court? I was never placed under arrest, but I was in an interrogation room at the police station and they never said I was free to go at anytime.

If your case goes to trial, your attorney can request a pre-trial hearing on the grounds that your statement was taken unconstitutionally. Usually, a suppression hearing will determine whether or not a defendant's rights have been violated by the police. This is determined by a judge who decides if the police officers actions were that of what a reasonable policeman would have done under the same circumstances.

Miranda is not necessary in every situation, and is usually applied during post-arrest interrogations. During the hearing, the DA will question the officer who interrogated you, and more than likely the officer will state that you were not going to be arrested so Miranda was not a requirement. When it is your attorney's turn to question the officer, he/she will try to show that your detainment at the police station was treated like an arrest and you were under the impression that you couldn't leave. The attorney will give details that will support your claim that you were forced to stay.

Once both sides have presented their evidence, the judge will determine the outcome. If the judge rules in your favor, he could rule that the signed statement be kept out of the trial and cannot be used against you.

What are legal procedures of Miranda rights when a person is either drunk or under the influence of narcotics who doesn't comprehend or have any knowledge of what is happening at such time to understand what is being told to them?

The person would need to file a motion to suppress the information obtained during the statement because the person was not coherent enough to understand the legal ramifications of giving a statement under the influence of drugs or alcohol. It will be up to the judge to determine if the defendant's intoxication actually impaired their ability to comprehend the true meaning of the Miranda. However, if the statements made during the interrogation were not being used against the defendant, his/her level of intoxication wouldn't matter. Intoxication doesn't allow for a person to commit a crime, but the person should be coherent before given the option to submit a statement.

Are the police required by law to read you your Miranda rights when you are arrested in South Dakota? If they were not what should I do? I have been in jail for 10 days now.

A police officer doesn't have to advise you of your Miranda rights when arresting you. The only reason a police officer needs to advise you of your Miranda rights is if they are questioning you about the alleged crime that you were arrested for. If you are arrested and the police officer questions you without notifying you of the Miranda, your charges will not be dismissed. What will happen is your statement and any information acquired during your statement will be kept from court and cannot be used against you.

Do the Miranda rights even matter when you are being arrested?

Many people are under the impression that if a police officer arrests them without reading the Miranda, the arrest is illegal and the charges can be thrown out of court. This isn't true. The only time Miranda is given is in the event of questioning by a police officer. The police have to read the Miranda before they question a person in custody. If a person is arrested but not questioned, the Miranda doesn't need to be given.

If a person signs a confession or statement after being arrested, the police need to read the Miranda to the person before the statement is given. The exception to this rule would be if the person volunteers the information without being prompted or asked.

In the event that the person was not read the Miranda and was questioned, their attorney would file for a suppression hearing. During the hearing, the DA will try to prove that the police were within their rights when questioning the person. The person's attorney will then have an opportunity to show that his client's rights have been violated and that the statement should be kept from trial. Once both sides have been heard, the judge will make his/her ruling. If the judge rules in the person's favor, the statements will be kept from the trial and cannot be used against them. To learn more about Miranda rights, you can seek the legal insight of an Expert who is familiar with criminal law.
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Recent Miranda Rights Questions

  • Im in Los Angeles, CA. I was on my way to the dentist on the

    I'm in Los Angeles, CA. I was on my way to the dentist on the evening before Valentines Day. I was waiting for the left turn arrow and next thing I realized the Fire Dept was there and they woke me up. There was no accident. I had to wait for a police officer and was asked if I had been drinking- I said no and if i was under the influence to drugs- I said no. I did however tell him that I take HIV medication that can make me tired. My spouse had just been in the hospital for several days because he had stopped breathing with food in his mouth and I couldnt get the food out and called 911. So, the few days after the hospital stay, I was concerned and scared that it might happen again. So, I stayed up watching his breathing to make sure that I could call 911 if I had to. So, when I started the sobriety tests after the officer showed up, I couldnt balance on the one foot and hold my arms out and stand there like the karate kid. my agility was in question, I suppose. He took me to the hospital down the street and had blood drawn for chemical analysis. I then was taken to the police station where I gave them my wallet, wedding ring, coins... The woman at the intake asked me some silly questions like if there was anyone there that wanted to hurt me, if I had ever sold drugs to an undercover cop, Just weird questions, I thought nothing but to answer as I was told to do. She asked the cop if I was read my miranda rights, he said yes... Lied but he had just told me on the way in through the gate to just cooperate and he would let me go in an hour with just a citation to appear in court. 1 hour was another lie because I was told after the hour that I couldn't leave for atleast 6 hours which was unfair but I figured by them finding no alcohol and only my HIV/AIDS meds in my blood, I would be the better man and be free to go on my way. Apparently not. I was released after the 6 hours and told where my car was towed to and so I started the long walk over to the impound and couldnt find it so I went home only to return the next morning to retreive my car just in time to get my spouse over to his doctors appointment. I was told my license would be suspended in 1 month and I figured that my situation would automatically be reviewed by administrative DMV, that I didnt have to ask for a review because once a supervisor reviewed it, it would be dropped. I followed the instructions and appeared in court as the citation directed me to. My name was not on the calendar so I figured they had dropped it. I was told by the bailiff to go and make sure in the clerks office. I did and received a paper stating that I had shown up to the court and after the clerk called to the city attorneys office, I was told that they would send me a letter when they wanted me to appear in court. I received a letter from the dmv saying that thier order was set aside and to go down there and apply for a no fee duplicate license. I then receive a letter from the city attorneys office that says a complaint has been filed for what I thought was dropped, and directing me to appear in the court..... 3 and a half months later?
    .....Help???!@#$%

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  • Texas Miranda Rights Violated?

    I was setup by the police in an online sex sting on Craigslist(they contacted me first off an adult ad on an adult site) and entrapped me\random virtue testing. I am already exploring civil rights violations among other things, but this happened in a corrupt county in Texas, and the judge seems to have tremendous power and I have not been able to get much dismissed or considered. When they approached me the cop clearly says that I am not under arrest, and then immediately says he is going to Mirandaize me. I was not handcuffed, or told that I was in police custody. The cop asks to talk to me in his car for a few minutes. We talk, he asks several questions, asks me to write an apology letter. After writing the letter he then states that I am under arrest. Was there a Miranda Rights violation? Everything I am seeing online states that Miranda is for after you are arrested. If there was a rights violation what should I do? I do currently have an attorney, but am gathering information for myself and turn stuff that might help my case over to my lawyer. In the video they took as well as the "apology" letter I clearly state often that I never believed the person who wrote me was a real 14 year old, but some guy playing games. Would I want to suppress this information?

  • I have recently learned that my 14 year old child was interrogated

    I have recently learned that my 14 year old child was interrogated about a criminal investigation by school officials, then handcuffed by sheriff deputy and taken to booking ; All without being read Miranda rights, denied access to calling parents (even when he specifically asked each person he dealt with).Parents were not notified of arrest, until after my son was processed and put into juvenile holding area.

    Can I file charges against those school officials and sheriff deputies that denied him his rights?
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