Legal Question in Criminal Law in Michigan

If the arresting officer did not read me my rights before arrest is that a violation of rights of any sort?


Asked on 11/02/11, 8:51 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

No ... unless after you were "in custody", the officer asked you questions about the crime. Miranda rights kick in to protect you from involuntary statements / confessions. If there was no post-custody Q&A, then the issue is moot. Also, if without police questioning you start babbling on and on and say incriminating things, then it's also moot because you are volunteering information. That said, you should have an attorney review all the case details (police report, your information, etc.) to assess whether any post-custody incriminating statements can be challenged because little facts can change the entire analysis and you have not give us enough context for a more definite answer. So have a criminal defense attorney review your case facts personally to be sure.

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Answered on 11/02/11, 9:33 am


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