What happens if I’m not told my Miranda rights?
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What happens if I’m not told my Miranda rights?
Is it true that any evidence found at the crime scene cannot be used in court?
Asked on March 7, 2013 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As a general rule, if a suspect is not read their Miranda rights the prosecution cannot use any of their answers to questions asked by the police after the arrest against them. However, any questions asked and answered after a suspect has been taken into cusody but that are merely incidental to the booking process (i.e. name, address, etc.) cannot be excluded due to a lack of a Miranda warning. Also, any questions volunatarily answered before a suspect is taken into custody or an any answers given after an arrested suspect has waived their Miranda rights, can be used against them.
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