Legal Question in Criminal Law in Texas

My nephew, 19 yrs. old, was arrested for Poss of Marij. Less than 2oz. He told me that the arresting officer did not read him his Miranda Warnings until they already had him in intake at the County Jail. The officer even told my nephew that he forgot to read him his Miranda Warnings. He was asked questions by the arresting officer and he did answer them. Is it legal for arresting officers to handcuff and take persons to jail without reading their Miranda Warnings?

Asked on 10/19/09, 3:00 pm

michael palmer Law Office of Michael Palmer

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yes. Miranda only applies to questioning once arrested. If arrested and questioned without Miranda, then his statements can't be used against him.

Answered on 10/29/09, 5:03 pm

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