At what point must a person be read their Miranda rights?

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At what point must a person be read their Miranda rights?

I was arrested on the 24th of last month for child endangerment. This resulted from a police raid my house that took place on the 21st. I was then told to come in on the 22 for questioning at which time I was read my rights. However, I was not arrested until the 24 but my rights were not read to me again. Is this legal?

Asked on April 6, 2014 under Criminal Law, West Virginia

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The police only need to read you your Miranda rights when they want to question you.  Therefore, the police read you your rights on the 22nd before questioning you.  If all they did on the 24th was arrest you and they did not further question you, then the arrest was legal.


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