Question
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.LawQA.com Answer Library
Answered By: Dennis Roberts, a P.C.
Stop watching lawyer shows on TV. Despite what everyone believess it doesn't matter if they don't give you a Miranda warning. It only matters if you then make a statement which they would use to prosecute you and if you can prove they didn't Mirandize you before you made that statement they can't use it. But if you didn't make an incriminating statement - no harm, no foul.
Answer Applies to: California
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: California
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: Law Office of Eric Sterkenburg
The police can arrest a person without reading them the Miranda Rights. Miranda rights apply when the police are doing an in custody interrogation. You would need an attorney to evaluate the facts to determine if there was an in custody interrogation. If a persons Miranda rights are violated then the prosecution is prohibited from using the statement in their case in chief. They still may use the statements if the defendant makes a statement on the stand under oath that conflicts with the statements made in the Miranda violation. Any time the police stop a person and that person has an outstanding warrant they will arrest that person.
Answer Applies to: California
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: California
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: Law Office of Jeff Yeh
Miranda only applies "after" someone has been arrested. Anything said before arrest is considered consensual and no rights apply.
Answer Applies to: California
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: California
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: The Law Offices of Victor J Mazzaraco
If your BF was arrested for an outstanding warrant they do not have to read him Miranda warnings or any other of the Constitutional protections afforded U.S. citizens. His status as a probationer allows the police to treat him differently than someone without a prior criminal history (warrant outstanding).
Answer Applies to: California
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: California
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: Law Offices of Phil Hache
They can potentially arrest him if they have a valid warrant, but it is possible that the warrant is not valid. They do not need to read Miranda rights prior to arresting, although if they failed to do so, any damaging statements made after arrest can potentially be suppressed. You or your boyfriend should speak an Attorney in more detail about the situation.
Answer Applies to: California
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: California
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: Law Office of Joe Dane
Miranda violations, if they exist, make any subsequent statement inadmissible, but don't necessarily invalidate the arrest itself. Whether Miranda warnings were required is a factual issue that can only be resolved after a thorough review of the reports and statements.
Answer Applies to: California
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: California
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.
More Questions on Criminal Defense
- Who should view the chemical test results first?
- Can I sell my house after bankruptcy?
- Can I dismiss the DUI case if I was not read my Miranda rights?
- Do I have to submit to any tests for a DUI arrest?
- Can I settle for a public defender to handle my DUI case?
- Can I be charged with DUI without driving?
- Do varying offenses of DUI last differently on your record?
- How long will it take to process my DUI charge?
- Can I get limited license if I got my license suspended?
- Do I really need an attorney to fight a DUI case?
- Is there a chance to get a plea bargain for the DUI?
- What is the short term penalty for a DWI?
- Should I ask for an attorney first before agreeing to any test?
- Is there a way for me to lower down penalties for DUI?
- What happens after I am given a court order probation?
- How can I defend myself from DUI?
- Can I refuse a sobriety test?
- Is it considered as a DUI if I took a prescription drugs and drove?
- What are my chances to win against a DUI charge?
