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!
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.
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.
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