When are your Miranda rights suppose to be given?

I want to know if I’m suppose be given my Miranda Right the second the handcuffs go on and I’m told that I’m arrested or when I’m in the hold cell?

Asked on January 16, 2018 under Criminal Law, Oregon

Answers:

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

Answered 3 years ago | Contributor

The Miranda warning need only be read to you if you are taken into custody and then questioned. Therefore, if you were questioned before your arrest, that was pefectly permissable. If you were questioned after your arrest, then the arrest may have been unlawful.  That having been said, asking questions related to your booking (i.e. name, address, birth date), is permitted. Again, if, you were arrested and then asked questions about the alleged crime, a Miranda warning must have been given. If it was not, then anything that you said after that may not later be used against you. Bottom line, you really need to consdult directly with a criminal law attorney about all of this.  


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