Legal Question in Criminal Law in Kentucky

Miranda Rights

I was arrested for 4th degree assault a couple of days ago and at no time during the arrest or while i was being held in jail, was i read my miranda rights. Is it still a law that an arresting officer must read any they arrest these rights?

Asked on 3/25/04, 7:26 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Miranda Rights

the police officers should read the miranda warning but the failure to do so does not affect the arrest-it can still be good depending upon other circumstances such as probable cause, etc. The Miranda Warning only applies to the giveing of statements such as confessions. An statement can only be used in most cases only if it was given after the Miranda Warning was given. There are exceptions. You will have an attorney. Discuss this with him/her along with the other facts of the case.

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Answered on 3/25/04, 8:29 am

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