At time of arrest, do you have to be read your Miranda rights?

UPDATED: Jun 23, 2012

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At time of arrest, do you have to be read your Miranda rights?

Asked on June 23, 2012 under Criminal Law, North Carolina


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

Answered 10 years ago | Contributor

Many believe that they can "beat the case" if an officer doesn't read them their rights during an arrest. This is simply isn't the case. The Miranda warning must only be given if a person is in custody and then questioned. However, once a person is in custody and then questioned without being Mirandized, after such point any statements so made cannot be used.

The 2 exceptions to this: if the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning incidental to the booking process (ie. name, address, etc).

Note: Any questioning that takes place before a suspect is taken into custody is legal.

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 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.

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