If I was arrested without Miranda warning, what are my rights?
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If I was arrested without Miranda warning, what are my rights?
I went to the police department and was told that I had a warrant for my arrest. However, I didn’t see the warrant. But, the police from the other county pick me, handcuffed me, and took me to their jail. I was locked in a cell. After a couple hours, I was told that a female I.D.’d me and took my license. And that they took pictures to her and she positively I.D.’d me. I was told that I was being charged with indecent exposure. After 6 hours, I was told that I could pay a $295 fine and be released.
Asked on October 28, 2010 under Criminal Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your Miranda rights need only be given if you are taken into custody and then questioned. If you were questioned before your arrest, this is allowed. If you were questioned after your arrest, then the arrest may have been unlawful. However, asking questions relating to your booking, for example, is permitted. So if you were asked your name and address, those type questions do not implicate your Miranda rights. If, and this is critical, you were arrested and then asked questions about the alleged crime, a Miranda warning must have been given. If it was not, then anything that you said after that point may not later be used against you (unless you voluntarily waived your rights - which you didn't).
As for the warrant, if the police have a warrant, the arresstee is allowed to see it unless the police don’t have a copy with them, in such case they are required to show the person being arressted a copy as soon as practical.
Bottom line, you really need to speak to an attorney about all of this. Anytime criminal charges are involved it is always advisable to have legal representation. Skilled councel can possibly arrange to get the charge dismissed on a procedural technicality or at least get it reduced; especially based on the facts that you presented. If not, they may be able to arrange for you to be sentenced under a "first-time offender" program, if available.
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