Can we get my husband’s case thrown out if he was arrested but not read his Miranda rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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 3 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.).  


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption