Legal Question in Criminal Law in Georgia
what are the requirements for proof that you were not given miranda, when the policeman who violated your miranda will not admit he did so
3 Answers from Attorneys
That is something for a lawyer to do, and people charged with crimes need criminal lawyers (unless a criminal conviction is not an important issue for them). In addition, contrary to popular belief, the failure to give the Miranda statement is not in itself a violation of anything.
You need to take the stand and testify that Miranda was not given, then the police says it was, then the judge decides who he/she believes. See website for info on Miranda rights: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=197
Good luck
There is NO requirement that you be given Miranda rights. The lack of doing so only limits the use of your statements. Your attorney certainly has told you this. (If you don't have one, you have made an enormous mistake).
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