Does being Mirandized mean that you are being charged for a crime?

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Does being Mirandized mean that you are being charged for a crime?

Also, if a persons name is made public on charges in the paper for a crime but has not indicted or notified formally of these charges does this infringe on their 6th amendment right? Lastly, if when contacting the sheriff’s office to see if there are any active/pending charges or warrants and none are showing what rights does the defendant have for false information being made public?

Asked on June 25, 2013 under Criminal Law, New York

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. The Miranda warning is a warning given typically by police to criminal suspects or those in custody prior to questioning or interrogation. The purpose of the warning is to preserve the matter of the admissibility of the suspect's statement in the event of prosecution and trial. Being informed of one's Miranda rights is not the same with being charged with a crime. Please contact an attorney licensed in the state involved in the criminal matter before you for legal counsel.  Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

First of all, when an individual is arrested and charged with a crime, the arrest report is a public record.  In Georgia, many Sheriff's department's post the full name, address, charge for which the Defendant was arrested, and even the photograph of the accused, all without having first obtaind a conviction.  Second, the right to confront your accuser extends to the trial of the case.  Third, as pertains to whether a Sheriff's office is showing active warrants, most Sheriff's offices will not disclose that information pre-arrest.  The fact that the system does not show an active warrant does not mean that no warrant is pending.  There is often a delay in information making its way through the law enforcement database.  Finally, if an arrest has been made on false evidence, the injured party may pursue a civil action for false arrest.


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