If I voluntarily went to the police station for questioningbut I was never read my rights and then they arrested me and still did not read me my rights, is it unlawful prosecution?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I voluntarily went to the police station for questioningbut I was never read my rights and then they arrested me and still did not read me my rights, is it unlawful prosecution?

Asked on December 21, 2011 under Criminal Law, California

Answers:

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

Answered 12 years ago | Contributor

The law is that the Miranda warning must only be given if a suspect is arrested and then questioned. In your scenario, you went to the police station voluntarily. As long as you were not taken into custody, any questions you answered were not covered by your fifth amendment right to remain silent and not incriminate yourself. After you were arrested, as long as you were not asked any more questions (except those incidental to the booking process), you rights were also not violated.

However, this is just a brief overview based on the the limited facts presented. At this point, you need to speak directly with a criminal law attorney in your area. Go over the specifics of your case and they can advise you further. Additionally, there may be other defenses that they can enlist in helping you fight this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption