At what point should be read your Miranda rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
At what point should be read your Miranda rights?
z
Asked on January 28, 2018 under Criminal Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The Miranda warning need only be read if a person is taken into custody and then questioned. Consequently, if they were questioned before their arrest, that would be permissable. If they were questioned after their arrest, then the arrest would potentially be unlawful and anything asked and answered could not be used against them. However, asking questions related to the booking process) is permitted (i.e. name, address, date of birth, etc.).
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.