Can a person be arrested and not have their miranda rights read?

UPDATED: Aug 16, 2016

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Can a person be arrested and not have their miranda rights read?

I was arrested, and I was not read my miranda rights. I also feel that I was
wrongfully arrested. What Do I do?

Asked on August 16, 2016 under Criminal Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Contrary to popular belief, a person does not need to automatically be read their rights upon arrest. The Miranda warning need only be given if a person is taken into custody and then questioned (other than questions incidental to the booking process - name, address, etc.). Accordingly, if you were not questioned, then you needn't have been read your rights. If, however, you were so questioned, then your rights have been violated and any information obtained is inadmissable in court against you. At this point, you may want to consult directly with a criminal law attorney in your area; they can best advise you further.

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 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.

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