When are your Miranda rights suppose to be given?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When are your Miranda rights suppose to be given?

I want to know if I’m suppose be given my Miranda Right the second the handcuffs go on and I’m told that I’m arrested or when I’m in the hold cell?

Asked on January 16, 2018 under Criminal Law, Oregon

Answers:

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

Answered 6 years ago | Contributor

The Miranda warning need only be read to you if you are taken into custody and then questioned. Therefore, if you were questioned before your arrest, that was pefectly permissable. If you were questioned after your arrest, then the arrest may have been unlawful.  That having been said, asking questions related to your booking (i.e. name, address, birth date), is permitted. Again, if, you were arrested and then asked questions about the alleged crime, a Miranda warning must have been given. If it was not, then anything that you said after that may not later be used against you. Bottom line, you really need to consdult directly with a criminal law attorney about all of 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