When must the Miranda warning be read to a person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When must the Miranda warning be read to a person?
Can you be questioned without having had your rights read?
Asked on March 3, 2019 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Contrary to popular belief, the Miranda warning need only be read to a person if they are already in custody and are then questioned. Further, the questions must be of a material nature; in other words not incidental to the booking process (i.e. name, address, birth date, etc.).
Here is a link to an article that will explain more: https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/no-rights-case-dismissed.htm
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.