Is a police officer supposed to read a person their rights when that person has suffered a head injury and doesn’t know what’s going on?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is a police officer supposed to read a person their rights when that person has suffered a head injury and doesn’t know what’s going on?

Asked on May 26, 2013 under Criminal Law, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on case law but reading Miranda doesn't necessarily mean that the officer cannot then repeat it when the person is coherent. Generally, when there is head trauma, a legal argument in court that you didn't understand your rights would be allowed and an inquiry will be made on whether Mianrda was repeated when the doctors indicated you were coherent and could understand your rights.


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