When does a person need to be read their Miranda rights?

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When does a person need to be read their Miranda rights?

I was told to go to the police station by children services. If and I show up and am questioned by a police investigator, can they use my statement in court if I don’t want them to and the whole time before or after the questioning I was never read my rights?

Asked on February 22, 2011 under Criminal Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

Your Miranda rights need only be given if you are taken into custody and then questioned.  If you are questioned before an arrest, you need not be read your rights.  If you are questioned after being arrested, then the arrest may be unlawful. 

In other words, if you are arrested and then asked questions about the alleged crime, a Miranda warning must be given.  If it is not, then anything that you say after that point may not later be used against you.  Based on the limited facts that you presented, its not clear if you were questioned before or after an arrest, or whether you were even arrested.  At this point, you should consult directly with a criminal attorney in your area.


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