Legal Question in Criminal Law in Georgia

Miranda Rights

My husband was arrested last week for a aggrivated assault. when the arrest took place the police officers did not read him his Miranda Rights. When it comes to trial is there anything that can be done because of the violation of the poice officers. i dont know much about laws please help. thanks.


Asked on 12/27/04, 2:31 pm

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Miranda Rights

The popular conception, every defendant is entitled to the Miranda Warnings, is based on TV and movie arrests that always begin with the recitation of the Miranda rights. Legally they only apply when the defendant is being questioned.

There are other significant rights that your husband is entitled to, and each should be reviewed carefully with an attorney.

If you would like to discuss this matter further, please call.

Jim Hough

770-607-5300

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Answered on 12/27/04, 10:44 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Miranda Rights

Miranda rights must be read when someone is in custory and is questioned. Contrary to popular belief, these rights do not need to be read when arrested, only when questioned. And whether your husband was questioned (and in custody) would be a issue of fact.

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Answered on 12/27/04, 2:52 pm


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