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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

  • Had Domestic Disturb in Dec 2013. The whole situation does

    Had Domestic Disturb in Dec 2013. The whole situation does not feel right.
    He pinned me down, I grabbed closest item and hit him with it. I never denied that I caused the little cut on his head.
    Police arrived, and after barely 30 minutes I'm being put in handcuffs. Never told what I'm being charged with or was given my "Miranda Rights".
    37 hours later I am told my charges, 3rd Degree Assault. I asked about a Public Defender, and was told because I'm not being charged with a Felony I don't get one. When Prosecutor talked to me I asked why I'm being charged when he attacked me first, she said that "she read reports and she doesn't believe me".
    At this time I just wanted out of the jail. I was given the option of 2 years in jail or plead to Harassment Charges. I took the Harassment.
    Included in the Harassment Charge is the other conditions of DV Counseling per State Standard. Reading up on this State Standard, I disagree.
    What are my options now?
  • I was caught at a massage parlor, the police came in the back

    I was caught at a massage parlor, the police came in the back door and handcuffed me. I was not told I was arrested and not ready my miranda rights. The officer asked me questions regarding the business. The officer had me write down my answers and sign it and also recorded me talking about the instance. I was let go and free to go home. It seems like I was detained but not arrested since I was able to go home. Do I have now have a record because of this and can I charged in the future?
  • went to court and there was no case filed. I was arrested on

    went to court and there was no case filed. I was arrested on a felony drug charge on june 13, 2014 bail was 30,000 and i was released on bail. my arraignment was set for july 11, 2014 and i appeared, but there is no case filed. the clerk says but they have "a year to file"??. anyway 800 dollars was xeized from my residense. how do i go about getting it back as soon as possible. and what about bail? do we have to wait a year to exonerate the bail or what? police forced entry into our residense on a probation compliance chech. it was an illegal search and seizure and as a result i was arrested on a felony drug charge. the probationer whom the sheriff was there for the compliance checkwas released fromm jail on june 12 directly into a dr90 day drug treatment facility. therefore was not residing at our residence. this is not the first time of harrassememt by the la county sheriff at our residence. I WOULD LIKE TO KNOW HOW I GO ABOUT A CIVIL CASE AGAINST THE SHERIFF . RE: *Violation against our constitutional rights 4th amendment illegal search and seizure. *Miranda rights - the right to remain silent. I was forced to sign a confession and was never advised of my rights *Also harassment and discrimination rights. several documented incidence's with la county sheriff at our residence *Slander and depvrimation of character- i have lived at this address for 15 years and do not have any convictions for any crime in la county. *also losses due to damages, bail, attorney fees and court costs my questions are how do i go about recovering the money zeized from the residence? and what is thie law about "a year to file". and when can the bail be exonerrated? and how do i file a civil suit. and how long do i have to file?

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