Does a police officer have to read you your Miranda rights when you get a disorderly persons offense?

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Does a police officer have to read you your Miranda rights when you get a disorderly persons offense?

Asked on June 7, 2012 under Criminal Law, New Jersey

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

A police officer is required to read you your Miranda Rights at the point that you are considered detained and "under arrest", meaning that you are not free to leave the prescence of the officer and placed into custody. If your were arrested, then yes the Miranda Warnings should apply. If your were only cited, but not arrested, or detained to the point where you were within the custody of the officer, then Miranda Warnings would not apply.


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