What happens if the arresting officer did not read me my rights?

Asked on November 23, 2015 under Criminal Law, New Jersey


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

Answered 5 years ago | Contributor

Being read your rights (i.e. being given the "Miranda warning") must only be done if a person is in custody and then questioned. This means that if a person is in custody and then questioned without being Mirandized, then any statements so made cannot be used.
The 2 exceptions to this: the statements were voluntarily and knowingly made any way (i.e. the susect waived their rights) or the questioning was incidental to the booking process (i.e. the supect was asked for their name, address, etc).
Note: Any questioning before being taken into custody is legal.
Without more details of your situation it is hard to advise further. At this point, you should contact aa local attorney and consult with them directly.

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