Television shows are probably a bad way to get information about
When you watch someone being arrested on television, inevitably they are being read their Miranda Rights at the same time the handcuffs are being put on. There seems to be a perception that if that does not happen, the case will be dismissed. Unfortunately, that is not true.
Miranda is required to be read when two conditions are met: the individual is in custody and subject to interrogation by a member of law enforcement. The term “custody” refers almost always to an arrest. However, there are occasions when an individual may be in custody without actually having been arrested. The term “interrogation” is a little more nuanced.
Interrogation happens when an individual is being questioned about an incident. If you are a suspect in a crime and an officer is questioning you about what you know about the crime that is considered to be i
If you have been arrested an officer does not need to read Miranda after the arrest in order to go through the booking process. In order to ask you questions relating to the events that lead to the arrest, however, the officer would have to read you
If you need more information on your Miranda Rights,