Thursday, October 30, 2014

What happens if I was Arrested but never read my Miranda Rights? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I was arrested for resisting arrest without violence but at no point was I ever read my Miranda rights even after I was in jail. They took me out to car said I wasn't being arrested kept me there for a long time. I asked over and over if I was being arrested they stated no. Finally about 15 minutes later came out to car said I was being arrested on the resisting charge. I was brought to jail and at no point read my Miranda rights.



A:     Chosen as "Best Answer" by Asker on AVVO!



Michael Adam Haber

PRO



Contributor Level 20


9

Lawyers agree
Answered You only have to be read your Miranda Rights if the police intend to question / interrogate you while you are in custody. If they do not plan on asking you any FACT RELATED (caps intentional) questions then they do not have to read you your rights.

The police are free to ask you non-fact related questions while you are in custody (such as your name, date of birth, etcetera) without violating your rights, and the "remedy" (where they violate the rule and question you while in custody and without first advising you per Miranda) is that any statements that you make are inadmissible against you (the case does not get dismissed).

That said, you may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, but the best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

My advise: Locate an experienced Belleview area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.


You may also want to take a look at the following of #HaberPA's VideoFAQ's:

# 24) "The Facts about your Miranda Rights" @ https://youtu.be/skh20CJP-rg

# 45)  "The 5th Amendment Privilege Against Self Incrimination" @ https://youtu.be/3yAbNDSpD54

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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