If I voluntarily went to the police station for questioningbut I was never read my rights and then they arrested me and still did not read me my rights, is it unlawful prosecution?
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If I voluntarily went to the police station for questioningbut I was never read my rights and then they arrested me and still did not read me my rights, is it unlawful prosecution?
Asked on December 21, 2011 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law is that the Miranda warning must only be given if a suspect is arrested and then questioned. In your scenario, you went to the police station voluntarily. As long as you were not taken into custody, any questions you answered were not covered by your fifth amendment right to remain silent and not incriminate yourself. After you were arrested, as long as you were not asked any more questions (except those incidental to the booking process), you rights were also not violated.
However, this is just a brief overview based on the the limited facts presented. At this point, you need to speak directly with a criminal law attorney in your area. Go over the specifics of your case and they can advise you further. Additionally, there may be other defenses that they can enlist in helping you fight this.
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