Upon arrest, must a suspect be read their rights?

Asked on July 26, 2015 under Criminal Law, Alabama


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

Answered 5 years ago | Contributor

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

Note: Even if you were not properly "Mirandized", a case will not be automatically dismissed. If there is other evidence a person can still be prosecuted, only the statements unlawfully obtained may not be used against.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.