Question: Can I get taken to jail and not get read the Miranda rights and still get sentenced?
Answer: When a person is both IN CUSTODY and BEING QUESTIONED, the police must read the person their Miranda rights. If the police do not read the person those rights, then anything the person says cannot be used in court against that person.
In your scenario, you are in jail so you are IN CUSTODY, but there is a second prong. If the police did not question you, but you made statements on your own, those statements could still be used against you.
Also, consider this scenario, you are IN CUSTODY and you are QUESTIONED and you have not been read you Miranda warning, so anything you say cannot be used against you in court. However, there is so much other overwhelming evidence against you (like fingerprints and an eyewitness) that you are convicted on the other evidence even without your statements.
So the answer to your question, is yes. Under some circumstances you can be found guilty, convicted and sentenced even if you were never read your Miranda warnings.
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On 08/02/07
jesse from AZ said:
My mom was arrested in Gila Cnty Az in 1999 because a neighbor( mom had fired her ) called the police and said my mom had a gun and was threatening her and her family. My mom was not read her miranda rights and taken to jail. That night she became suicidal ( she'd. . never been arrested before and no-one would tell my mom where I was ( I was 9 yrs old at that time). The court sent her for a psychiatric evaluation and put mom in a conservatorship where her conservator stole from her. Can my mom sue the police/county even if 7 yrs has passed- they caused her nervous breakdwn + she's nver recovrd
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On 02/22/06
joe from OH said:
if placed in jail with out your rights told to you frist can u get off because of that and if you cant can you get timed served if you were placed in jail 2 weeks before your court date
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On 10/27/05
Delia from CA said:
Can you be charged for a crime in a county that was not their own and have already served time in the first county?
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On 10/08/05
Joe from NY said:
my freind was found shop lifting and she was out of the store. The police never read her, her rights and they asked her questions what happens in a case like that ? Thank you for your help if you can help me.
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On 07/12/05
Pete from TX said:
Read what it says above again. You must be IN CUSTODY and you must be QUESTIONED. If you are NOT IN CUSTODY, you can be interrogated without Miranda. If you are IN CUSTODY but you are NOT QUESTIONED, there is no Miranda requirement.
Real life scenarios....if I invite you to the police department and solicit you for a confession, you are not in custody, thus there is no need to advise you of your rights. Now, if I pull you out of the jail and ask you questions, I must advise you of your rights first.
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