if Miranda rights were given to some one at the station and not at the moment of the arrest. Is it legal for officers to question at the scene?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if Miranda rights were given to some one at the station and not at the moment of the arrest. Is it legal for officers to question at the scene?
Asked on May 15, 2009 under Criminal Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
That depends, a lot, on exactly how it happened and what was asked when. Miranda only applies when a person is in custody, or would think he wasn't able to leave if he wanted, but police can ask for basic or emergency information without Miranda, without violating anyone's civil rights.
You need a criminal lawyer in your area, to review the facts of your case. One place you can find defense counsel is our website, http://attorneypages.com
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.