What should I do since I was not Mirandized?

UPDATED: Feb 26, 2013

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What should I do since I was not Mirandized?

I was arrested Sunday night for theft under $500 from my grandmother. Her card was on my account. The cops told me I had a warrant for my arrest. So they cuffed me and took me off but they did not Mirandize me. Also, I do not recall signing anything about that while I was in jail. The only things I signed was about my property they had to hold. I made bail after only being there a few hours. $1,000 but only paid $137.

Asked on February 26, 2013 under Criminal Law, Tennessee


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the cops simply arrested you and then took you to jail, then they were not required to read you Miranda warnings.  The only time they are required to read Miranda warnings is when you are in custody and they want to ask you questions about the offense for which you are being held.  If they didn't ask you any questions about the case, then they were not required to Mirandize you.  Routine jail book-in questions (like your name, employment, next of kin), do not require a Miranda warning. 

If they did ask you questions about the offense and they did not read you Miranda warnings, then you could file a motion to suppress any of the statements.  If the motion is granted, then they could not come in at your trial to be used against you.

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