Legal Question in Criminal Law in Michigan

I was arrested without being mirandized or being told the charge. Is that legal?


Asked on 9/17/12, 6:35 pm

2 Answers from Attorneys

It depends upon the particulars of the situation. You can get more information about criminal procedure at:

www.AggressiveCriminalDefense.com

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Answered on 9/17/12, 8:14 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

"Being Mirandized" or "being read your rights" is only an issue if the police try to question you about the case facts AFTER you are in custody. (You're 'in custody' when a reasonable person would feel they're not free to leave. They don't have to be in handcuffs, etc.) So, if you're not 'in custody', then there is no need to read you the Miranda rights -- police can engage in a conversation with you. Likewise, if they don't question you about case facts to solicit something incriminating, they don't have to read you those rights. As for you not being informed of the charge, there is no due process requirement for this at your arrest. Indeed, the police don't decide what the final charge is anyway, the prosecuting attorney does. So, even if the police told you that you were being 'charged' with one crime, the cop might be wrong. If you're charged, the judge will tell you what the actual charges are at the arraignment, when the allegations in the complaint (the charging document) are read to you in the courtroom.

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Answered on 9/18/12, 5:19 am


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