Do you have to be read your rights when being arrested?

If so, can you do anything if you were not?

Asked on November 12, 2012 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No you do not have to automatically be read the Miranda warning (i.e. "your rights") upon arrest. The Miranda warning must only be given after a person is in custody and then questioned. Once a person is in custody and questioned without being Mirandized, any statements so made cannot be used.

The are 2 exceptions: statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning was incidental to the booking process (ie. an aresstee is asked basic questions such as their name, address, etc). Also, any questioning before being taken into custody is legal.


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