Nevada  |  Criminal Law

Legal Question

Asked on: 6/21/13, 6:36 pm

Is it legal for police to question a subject before reading them their Miranda rights?

1 Answer

Answered on: 6/21/13, 6:57 pm by Edward Hoffman

Yes. Police technically never have to give Miranda warnings. The consequence if they don't -- *and* if the suspect is in custody at the time -- is that the suspect's answers probably will not be admissible against him later in court. If the suspect is not in custody, then the prosecutor can use his answers against him. And even if the answers are excluded, the prosecutor will remain free to use whatever other evidence is available.

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Law Offices of Edward A. Hoffman 11755 Wilshire Boulevard, Suite 1250 Los Angeles, CA 90025

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