If I wasn’t read my rights when I was arrested, what are my options?

UPDATED: Dec 27, 2011

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If I wasn’t read my rights when I was arrested, what are my options?

Asked on December 27, 2011 under Criminal Law, California


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

Answered 11 years ago | Contributor

You may not have any options here. The fact is that it is a common misconception that the Miranda warning need be read to every person who is arrested. The warning need only be given if a person is arrested and then questioned. So if you were questioned prior to your arrest, then your privilege against self-incrimination (the 5th amendment) in not applicable. Further, if you were arrested but not questioned (other than questions incidental to the booking process such as your being asked for your address, etc), then again no rights need have been read to you.

In other words, you only need to be "Mirandized" if you were arrested and then were asked you questions regarding the crime. In that case, any answers that you may have given will be inadmissible against you in court. However, if there is other evidence that can support a conviction then the case may still go forward.

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.

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