Legal Question in Criminal Law in Arkansas

Re: Miranda Rights

Miranda rights must be given to a person when they are interrogated by the

government in a custodial (arrest) situation. They do not have to give the Miranda

rights if no interrogation occurs. Questions such as name, address, date of birth, and

social security number are not questions that need a Miranda warning.

Re: Miranda Rights

Though I'm licensed in Tennessee and not in your state, so you will want to talk with a local attorney to be sure, but the short answer is that the officer's failure to read you your rights probably makes no difference unless statements you made would be used against you as evidence.

A more comprehensive answer can be found at my website at http://jesbeard.com/35.htm

Re: Miranda Rights

Unlike what is portrayed on television a defendant is not entitled to have a Miranda type warning recited to them upon arrest. Miranda is triggered by custodial interrogation. This means that if the police were to question you about the case while you were in custody/under arrest then they must make you aware of your rights. If they failed to make you aware of your rights then any statements that you made in violation of Miranda would be inadmissible and could not be used against you in the prosecutor's case in chief. if you have any concerns that your rights may have been violated be sure to discuss them with your defense counsel.