Legal Question in Civil Rights Law in California

Never given my Miranda rights

Last night I was pulled over for expired registration w/false tags. When they ran my name a bench warrent for a ''failure to appear'' came up. I was handcuffed & arrested and my car was impounded. I was never once read my rights.

Isn't it required by law that I be given my miranda rights?

Also, I was detained and questioned well over an hour about various people I knew who had nothing to do with the matter at hand, and was even asked to do a sting drug bust or face a 90 day jail sentence. (Neither of which ended up happening)

Is it OK for them to do all that without me even being made aware of my rights?


Asked on 10/09/04, 2:21 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Never given my Miranda rights

They only have to read you your rights if they are planning to use whatever statement you make while in custody. (In other words, they were arresting you for a warrant, not on suspicion of a crime). Since you obviously already know your Miranda rights, such as the right to remain silent, why on earth did you volunteer to be questioned for "well over an hour"?? Why would you let them question you for a minute?

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Answered on 10/12/04, 10:47 pm


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