Can we get my husband’s case thrown out if he was arrested but not read his Miranda rights?
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Can we get my husband’s case thrown out if he was arrested but not read his Miranda rights?
My husband is back in jail but both times he got arrested he was never read his Miranda Rights. I am a witness to this but does it matter whether or not he had a warrant? Do they still have to read him his rights or does it not matter anymore?
Asked on August 14, 2018 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that the Miranda warning need only be read if a person is taken into custody and then questioned. Accordingly, if they were questioned before their arrest, then that would be permissable. If they were questioned after their arrest, then the arrest would potentially be unlawful and anything information given by the aresstee could not be used against them. That having been said, asking questions related to the booking process is permitted (i.e. name, address, date of birth, etc.).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that the Miranda warning need only be read if a person is taken into custody and then questioned. Accordingly, if they were questioned before their arrest, then that would be permissable. If they were questioned after their arrest, then the arrest would potentially be unlawful and anything information given by the aresstee could not be used against them. That having been said, asking questions related to the booking process is permitted (i.e. name, address, date of birth, etc.).
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