Was it illegal for them to not read my rights?
I was arrested in the Phoenix area over a criminal traffic complaint a little while ago. The police officers never read me my rights and I even told them. They said that they did not have to even though I was put under arrest. Is this the truth? I go to court soon and I need to get this answer, but I am pretty sure that I am right.
Answered By: Robert P. Jarvis, PC
The issue of being read your Miranda rights is usually a pretty straightforward assessment. The first misconception that people have about the Miranda rights is that the police did something wrong by not reading the Miranda rights. Failure to read the Miranda rights does not constitute a get out of jail free card or a release from jail. The Miranda rights ONLY apply when the police ask the arrested person questions after he/she is arrested. The police do not have to read someone their Miranda rights. However, if the police arrest someone and then proceed to interrogate that person after he/she is arrested, then the Miranda rights should be read. If the rights are not read, this error still does not constitute a get out of jail free card. It only means that the answers provided to the questions are probably not admissible in court. For that reason, it is common practice for officers who arrest someone on an outstanding warrant to NOT read the Miranda rights. The police usually only read you the Miranda rights if they need something (like additional information).
The biggest questions in the legal world today concerning Miranda rights usually involve two issues. First, was the person actually under arrest? Second, did the individual clearly invoke his Miranda rights? Regarding the first issue, being stopped by an officer is not an arrest. Being asked to come down to the station to answer some questions is usually not an arrest. The test is whether a reasonable person would feel free to leave. Finally, if someone wishes to invoke their right to remain silent, the person must be absolutely clear and "unequivocal," meaning there is no doubt.
Legal matters are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter. Feel free to contact us.
Answer Applies to: Arizona
Replied: 8/16/2010
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.
The biggest questions in the legal world today concerning Miranda rights usually involve two issues. First, was the person actually under arrest? Second, did the individual clearly invoke his Miranda rights? Regarding the first issue, being stopped by an officer is not an arrest. Being asked to come down to the station to answer some questions is usually not an arrest. The test is whether a reasonable person would feel free to leave. Finally, if someone wishes to invoke their right to remain silent, the person must be absolutely clear and "unequivocal," meaning there is no doubt.
Legal matters are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter. Feel free to contact us.
Answer Applies to: Arizona
Replied: 8/16/2010
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.
More Questions on Criminal
- Was there any probable cause for me to be searched?(12/8/2011)
- Is a warrant legal in California without an arrest?(12/8/2011)
- Is it possible to hire an attorney to show up to court and take care of these warrants for me?(12/8/2011)
- How much time does one get for three felonies?(12/8/2011)
- What is the best way to fight these charges?(12/8/2011)
- When can I purchase a gun legally?(12/8/2011)
- Can my PO send me back to jail if I don't see a drug counselor?(12/8/2011)
- How can I go about the process of reviewing my records?(12/8/2011)
- How long it would take me to receive a court date for early termination?(12/8/2011)
- What can I do about the warrant?(12/8/2011)
- What does it mean to be sign over a waiver of rights to be expedited from another state back to the state that the supposed crime was committed?(12/8/2011)
- Could I face jail time for causing an accident while intoxicated?(12/8/2011)
- What do I need to do to get this reduced to dry reckless?(12/8/2011)
- How can I get my license back after four DUIs?(12/8/2011)
- What can I do if I was accused of a crime that was found to be false?(12/8/2011)
- What states require an ignition interlock device after a DUI conviction?(11/17/2011)
- Does having a clean record help in felony charges?(11/16/2011)
- What should I look for when I hire a criminal defense attorney?(11/14/2011)
- How does a DUI impact someone with misdemeanor charges?(11/10/2011)
- What happens if I get stopped by the police and I have a suspended license?(11/9/2011)
