Is it legal if I was recently indicted on a delivery of a controlled substance charge but when the sheriff came to my home to arrest me he did not read me my rights?

If I’m indicted does he still have to read me my rights or not?

Asked on December 11, 2015 under Criminal Law, Texas


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

Answered 5 years ago | Contributor

The Miranda warning must only be read if a person is taken into custody an then questioned (nd questions incidental to the bookingprocess do not count -i.e. name, address, birth date, etc). So unless the sheriff, etc. questioned you after you were arrested, you need not have been given the warning.

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