Miranda warnings, i.e. the right to remain silent and/or have an attorney present during questioning need only be given when you are in custody or your right to freedom is deprived in a meaningful way. The effect of their not being given when necessary is that any statement that the suspect makes is inadmissible at trial except that it may be used to impeach the defendant if he gives a different version as part of his trial testimony. Otherwise there is no requirement the warnings be given and no right to have a case dismissed because they were not given.

Answer Applies to: California
Replied: 11/26/2011

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It's a common misconception that just because you get arrested, you must have your rights read to you. Not so. Miranda rights only come into play if you're in custody (arrested) and are being questioned. Then, they must read you your rights or the statement is inadmissible.

Answer Applies to: California
Replied: 9/8/2011

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Yes you can still be arrested. Police do not have to read you the Miranda rights. The name 'Miranda Rights' comes from a case called Miranda v. Arizona. All it really stands for is the idea that if an officer is asking you questions during his investigation of a crime, you must be advised that you have the right to have a lawyer present during questioning. If the officer asks you questions and you answer without having waived your right to have an attorney present then then answers you give cannot be used in the 'case-in-chief', or the prosecutor's main case. If you take the stand at trial and say something other than what you said to the officer then the officer can testify about what you said to him even if you were never read your Miranda rights. The 'Miranda warning' gets a lot of attention in the media. In reality it plays a very small role in the everyday criminal justice process.

Answer Applies to: California
Replied: 9/8/2011

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"Miranda Rights" or the duty of police to inform you of your right to remain silent and not answer their questions, is still part of our law. Whether you can be arrested and charged with a crime could depend on if you, under questioning, unknowingly make a statement to cops that links you to a crime. There is also a custody element to "Miranda." This is a complex concept that must be carefully analyzed on a case-by-case basis by an experienced criminal defense Attorney. You need this information before you can decide what to do. Thus, you should see a veteran Attorney (most offer a free consultation) so you can have your factual situation checked out, and get the law and your defenses clearly and completely explained to you.

Answer Applies to: California
Replied: 9/8/2011

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No. Only have to read you rights if questioning you on a custodial situation. Failure to read you warnings might only result in your statements not being used against you.

Answer Applies to: California
Replied: 9/7/2011

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NO. a failure to give youa Miranda warning is ONLY useful if youmake an incriminating statement. If you can prove that they didn't give you Miranda rights THAT STATEMENT can be kept out.

Answer Applies to: California
Replied: 9/7/2011

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Of course you can. In fact, Miranda doesn't even have to be read until "after" you are arrested, and "only" if they intend to question you further. Most cops are trained to get everything out of you "prior" to arrest, so that once you are under arrest, they don't even need to talk to you anymore, because they have all they need.

Answer Applies to: California
Replied: 9/7/2011

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Yes you can still be arrested. Miranda prohibits use at trial of your statements and what's known as the 'fruit of the poisonous tree', that is things the police are able to learn from your statements. It does not stop you from being arrested. Miranda allows the defendant to move to suppress the post-detention statements s/he made. Once suppressed, the prosecution can't use them as evidence.

Answer Applies to: California
Replied: 9/7/2011

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Yes they can arrest you. Cops do not have to read you those rights unless they want to question you while you are in custody. When you are out of custody, you still have the right to remain silent, they just don't have to tell you so. You should know that anyway. Whenever a cop questions you, demand an attorney. One exception, in a DUI case they can ask you what sort of chemical test you choose, and you must answer that one.

Answer Applies to: California
Replied: 9/7/2011

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Reading of Miranda rights is only necessary if the police interrogate you in their custody. If you don't give a statement to the police, Miranda rights are not an issue.

Answer Applies to: California
Replied: 9/7/2011

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The police only need read you your Miranda rights if they are going to question you when they have detained you. Failing to do this only restricts them from using the statements and any evidence brought about by the statements in court.

Answer Applies to: California
Replied: 9/7/2011

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The police are only required to read you your Miranda rights if they intend to interrogate you (question you) about the matter for which you are being arrested, and even then, only after you are formally in custody. If they don't intend to question you, or don't want to use what you say in court, they never have to read you your Miranda rights. That said, it is *never* advisable to give a statement to the police or * anyone* while in police custody unless you have a lawyer present. Assert your right to remain silent, demand to speak with an attorney, and then BE QUIET.

Answer Applies to: California
Replied: 9/7/2011

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.