Can a person be arrested and not have their miranda rights read?

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Can a person be arrested and not have their miranda rights read?

I was arrested, and I was not read my miranda rights. I also feel that I was
wrongfully arrested. What Do I do?

Asked on August 16, 2016 under Criminal Law, North Carolina

Answers:

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

Answered 4 years ago | Contributor

Contrary to popular belief, a person does not need to automatically be read their rights upon arrest. The Miranda warning need only be given if a person is taken into custody and then questioned (other than questions incidental to the booking process - name, address, etc.). Accordingly, if you were not questioned, then you needn't have been read your rights. If, however, you were so questioned, then your rights have been violated and any information obtained is inadmissable in court against you. At this point, you may want to consult directly with a criminal law attorney in your area; they can best advise you further.


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