Can the police arrest someone after they give a statement without Miranda Rights?
I'm trying to find out if my boyfriend was wrongfully arrested. We assumed the police needed his statement for something he witnessed. The police (to my knowledge) did not get a statement and arrested him for a warrant and did not even state the Miranda rights before they hand-cuffed him and placed him inside the police car.
Answered By: Law Offices of Kenneth Wincorn P.C.
The Miranda rights are not given if the person is the subject of a warrant. Only if he is questioned are the given. If he is improperly questioned the answers can be suppressed. The arrest if for a warrant is not effected.
Answer Applies to: Texas
Replied: 10/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cynthia Henley, Lawyer
If he had a warrant, then he could be arrested. Miranda rights are required only if a person is in custody and subjected to custodial interrogation by police. If the person gives incriminating statements without have received his Miranda warnings while in custody and being interrogated, those statements can be suppressed at trial. However, the case continues through to prosecution.
Answer Applies to: Texas
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
You only get Mirandized if they are going to interrogate you.
Answer Applies to: Texas
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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