What are your rights if you are arrested by never read your rights?

Asked on August 6, 2015 under Criminal Law, Texas

Answers:

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

Answered 5 years ago | Contributor

A suspect must be read their Miranda rights only if they are questiond by the police after their arrest. The exceptions: if the questioning is incidental to the booking process (i.e. they are asked for their name, birth date, home address, etc.); and if statements are knowingly and voluntarily made (i.e. the defendant waived their rights to counsel). Also, any questioning before being taken into custody is legal.

Note: Even if you were not properly "Mirandized", your case will not automatically be dismissed. If there is other evidence, you can still be prosecuted but the statements unlawfully obtained may not be used against you in court (i.e. they are not admissable).

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

Answered 5 years ago | Contributor

A suspect must be read their Miranda rights only if they are questiond by the police after their arrest. The exceptions: if the questioning is incidental to the booking process (i.e. they are asked for their name, birth date, home address, etc.); and if statements are knowingly and voluntarily made (i.e. the defendant waived their rights to counsel). Also, any questioning before being taken into custody is legal.

Note: Even if you were not properly "Mirandized", your case will not automatically be dismissed. If there is other evidence, you can still be prosecuted but the statements unlawfully obtained may not be used against you in court (i.e. they are not admissable).


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