At what point must a person be read their Miranda rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
At what point must a person be read their Miranda rights?
I was arrested on the 24th of last month for child endangerment. This resulted from a police raid my house that took place on the 21st. I was then told to come in on the 22 for questioning at which time I was read my rights. However, I was not arrested until the 24 but my rights were not read to me again. Is this legal?
Asked on April 6, 2014 under Criminal Law, West Virginia
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
The police only need to read you your Miranda rights when they want to question you. Therefore, the police read you your rights on the 22nd before questioning you. If all they did on the 24th was arrest you and they did not further question you, then the arrest was legal.
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.