Legal Question in Criminal Law in Arizona

"Reading the accused their rights"

I was arressted in Gledale, Az for a criminal traffic complaint. At no point was I notified of my rights. I go to court at 1:00 pm on 11-19-97 (wed). When an officer places a person under arresst is he or she bound by the law to notify the accused of their Miranda Right? If no can you explain when they have to?


Asked on 11/17/97, 8:13 pm

3 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

"Reading the accused their rights"

Just three days ago I responded to a similar post asking virtually the same question. The law has not changed. Below is the answer I posted three days ago and which I repeat here verbatim: This is a common misconception. There is NO requirement that an officer "read you your rights" before an arrest or even at the time of arrest or immediately after an arrest. The requirement is simply that you be advised of your rights before you are asked any questions when you are in custody. And even thatis a bit of a simplification since the officer is still free to ask you questions once you are in custody.... it's just that the prosecution is prohibitted from using either your answers or any evidence obtained as a result of the answers.

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Answered on 11/18/97, 11:42 am
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

When Miranda rights must be read

When a person is arrested, the warning mandated by Miranda v. Arizona must be given only when the arresting/investigating officer intends to elicit a statement from the person arrested and to use that statement against him in court. If you get arrested and hauled to jail then locked up without anyone asking you any questions other than your name and address, it is unlikely that you will get any Miranda warning.

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Answered on 11/18/97, 3:03 pm
Alan Pransky Law Office of Alan J. Pransky

Miranda warnings on arrest

Police only have to give the Miranda warnings (You have the rightto remain silent . . .) when they are conducting a custodial interrogation.Since they did not ask you questions after you were arrested, they donot have to give you the warnings.

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Answered on 12/07/97, 10:03 pm


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