What to do if I gave a statement which was later used against me?

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What to do if I gave a statement which was later used against me?

At the time I gave the statement I was in my home and being questioned but not under arrest. I was never read Miranda rights. Should I have had my rights read to me even if not under arrest? They were in my home retrieving material which was ordered by a warrant.

Asked on February 13, 2013 under Criminal Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

Unless you are questioned after your arrest, you need not be given the Miranda warning. Therefore, and stataements voluntarily made prior to arrest are admisable against you. Only if you are questioned after being taken into custody, would you have to be read your rights. A search warrant would make no difference.


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