If I was never read my rights but I was taken I was taken to jail, was I arrested?

Asked on June 30, 2014 under Criminal Law, California


Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested.  Interrogation means they are asked questions.  If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation.  If there is sufficient independent evidence to proceed after that, the case may still go forward.

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