Legal Question in Civil Rights Law in Georgia

Was I suppose to recieive miranda rights for this?

I had a warrant for a bad check out on me and when they notified me of it I turned myself in. When I got there I was put into holding and fingerprinted and had to post bond to get out but no time during all of this was I read my rights. In a case of deposit account fraud, are my rights suppose to be read to me even though I willingly turned myself in when notified? I appear in court next week on this charge.


Asked on 6/26/03, 11:24 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Was I suppose to recieive miranda rights for this?

The waters of "Miranda Rights" grow murkier every time the Supreme Court deals with the issue of custodial interrogation.

The bottom line, from what you've written, however, is that the police were not required to read you "Miranda rights" because you were not interrogated.

The rights are only read at the time of arrest, because that's when the full power of the state has been held to rest on a suspect's shoulders making him most vulnerable to coercion.

That's the theory anyway.

In practice, the police decided that arresting officers would read Miranda rights so that anyone down the line could conduct the interrogation. This would be the least burdensome way to get the suspect the required notice. Of course, if someone has been beaten silly...or shot... while "resisting arrest", it's hard to see how they would hear and understand Miranda rights anyway, but that's another debate!

In the case where you turned yourself in, and were not interrogated, there is probably no legally recognized harm in the police officer's failure to "Mirandize" you, because the government was not trying to get information out of you that implicated your right to remain silent.

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Answered on 6/27/03, 11:10 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Was I suppose to recieive miranda rights for this?

Law enforcement is required to provide Miranda warnings only when a statement is to be taken from someone in custody. If a statement is not taken, advice of those rights is not required.

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Answered on 6/27/03, 2:19 am


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