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Speak Up! - View Question #241 |
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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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| Comments |
| 1 thru 5 of 13 comments |
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On 05/17/09
kathy from PA said:
my son was taken to a police station to be interviewed, as they put it. when he got there he was handcuffed, shakled, and chained to the floor. later released, than weeks after charged. the police testified in court that he was free to leave whenever he wanted, but, how could he if he was chained to the floor. he was not read his miranda rights, and i am told that the moment he was chained to the floor, miranda immediatelly took over, yet the local court refused to dimisss the charges is this legal??
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On 10/03/08
Jeff from CA said:
The only time a police officer has to read an adult suspect their Miranda rights is when A) The person is under arrest AND B) The police are interrogating them about the case.
So if the person is arrested for a warrant, but no questions are asked, the police DO NOT have to read the person their Miranda rights.
If the person IS NOT under arrest, the officer can ask all the questions he or she wants, and DO NOT have to read the person their Miranda rights.
People are arrested all the time and not read their Miranda rights and it is perfectly legal.
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On 07/22/08
Marwin from TX said:
what can i do if the cops never read me my rights but still put me in jail, and the next day the judge reads me my rights is there any thing i can do?
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On 10/18/07
Lisa from MI said:
If I was arrested for domestic violence and my rights were not read to me but I was booked for defending my slef and had to post bond, can they sentence me to probation even if this has not happen before?
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On 10/05/07
andy from IL said:
i was not read my miranda rights yet and i was wondering
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