if Miranda rights were given to some one at the station and not at the moment of the arrest. Is it legal for officers to question at the scene?

Asked on May 15, 2009 under Criminal Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That depends, a lot, on exactly how it happened and what was asked when.  Miranda only applies when a person is in custody, or would think he wasn't able to leave if he wanted, but police can ask for basic or emergency information without Miranda, without violating anyone's civil rights.

You need a criminal lawyer in your area, to review the facts of your case. One place you can find defense counsel is our website, http://attorneypages.com

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