never was read rights

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never was read rights

bf was takin in on domestic abuse charge, sat 5 days in jail and was bailed out yesterday by my mom. Was never read his rights at all, is this normal.

Asked on June 23, 2009 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your boyfriend was never questioned by the police while he was in jail, other than identification questions, then there was no need to read him his Miranda rights.

Miranda rights have to be given to a person when they are subject to "custodial interrogation," which in english means the person was being questioned by law enforcement, while under arrest or in a situation where a reasonable person in that situation would believe he or she was not free to just walk away.


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