Legal Question in Criminal Law in Georgia
Miranda rights
Is it mandatory for police to read you your Miranda rights at the time of arrest? Can your charges be dismissed if you were not read your Miranda rights, even if it is merely a misdemeanor offense?
(i.e., disorderly conduct)
2 Answers from Attorneys
Re: Miranda rights
I agree with my colleague, and just wanted to add that the issue of whether or not you are under arrest is somewhat complicated and depends upon an analysis of the facts surrounding your encounter with the arresting officer. The real issue is whether the statement was made while you were in custody, and this does not necessarily depend upon whether you had been handcuffed and placed in the patrol car.
Re: Miranda rights
The police only have to read you your Miranda rights before they question you after you have been arrested. Anything that you tell them after you were arrested is not admissible unless they read Miranda to you.
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