Legal Question in Criminal Law in New York

Miranda rights

My wife and I were brought to the precint for a statement and they used us against each other and they used an open family case about our kids as threat and after much intimidation got a statement from us. We were read our rights after the statements were taken. Now we are being prosecuted. Can they have husband and wife make incriminating statement against each other, intimidate us and don't they have to read us our rights before questioning us ?

Any help regarding this would be much appreciated.

Thank you

Asked on 10/27/05, 11:36 am

1 Answer from Attorneys

Eric Rothstein Rothstein Law PLLC

Re: Miranda rights

The test for whether the police have to read you Miranda rights before you give a statement is whether you were subjected to custodial interrogation. Clearly you were being questioned. The issue is whether you were in custody. This is determined by examiming whether a reasonable person, innocent of any crime, who was standing in your shoes would think he or she was free to go. There may or may not also be spousal priviledge issues depending on the facts of your case. You and your wife should have a good criminal attorney representing you. I am a former federal and state prosecutor and I now do criminal defenense. Please feel free to e-mail me if you are looking to retain an attorney.

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Answered on 10/27/05, 11:45 am

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