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.
|
| Comments |
| 11 thru 13 of 13 comments |
On 05/31/04
Unknown from KS said:
Our vacation came to a halt when an officer pulled up to my cousins home. My bro-in-law had a beer in his hand in their front yard as the family chatted merrily away. However, that was until she told him she wanted to talk to him. He walked to her car and 'chatted' there.
She told him he was publicly intoxicated, and DIDN'T give him a breathing test (intoxilyzer test) at all. The law clearly states that in the state of Kansas you are not allowed to have an open container on PUBLIC property. We were on private property. She took him to jail without ever reading him his rights. Unjust?
|
On 01/01/04
derreck from PA said:
my dad was arrested and taken to prision untill my family bailed him out the following day, my dad was never read his miranda rights. all they said to him is your under arrest they did not question him though and he made no statements they just said we have a warrent for your arrest and told him what it was for,the mageistate posted his bail and they took him to the county prision.never once being read his rights is this legal?
|
On 11/13/03
Cherry from MI said:
Miranda rights are just when someone is being taken into the "cop shop" but then again, if it were u in jail, and u wanted to show off for your cell mate, wouldnt u exaggerate a little bit to sound cool? if you ask a cop if he's a cop, he has to tell the truth. there are several ways to get out of this situation.
|
| 11 thru 13 of 13 comments |
|
