What should I do since I was not Mirandized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What should I do since I was not Mirandized?
I was arrested Sunday night for theft under $500 from my grandmother. Her card was on my account. The cops told me I had a warrant for my arrest. So they cuffed me and took me off but they did not Mirandize me. Also, I do not recall signing anything about that while I was in jail. The only things I signed was about my property they had to hold. I made bail after only being there a few hours. $1,000 but only paid $137.
Asked on February 26, 2013 under Criminal Law, Tennessee
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the cops simply arrested you and then took you to jail, then they were not required to read you Miranda warnings. The only time they are required to read Miranda warnings is when you are in custody and they want to ask you questions about the offense for which you are being held. If they didn't ask you any questions about the case, then they were not required to Mirandize you. Routine jail book-in questions (like your name, employment, next of kin), do not require a Miranda warning.
If they did ask you questions about the offense and they did not read you Miranda warnings, then you could file a motion to suppress any of the statements. If the motion is granted, then they could not come in at your trial to be used against you.
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.