Legal Question in Criminal Law in Illinois
Miranda rights
my fiance was not read his miranda rights while he was arrested over a buss pass!
Asked on 11/01/08, 2:34 am
2 Answers from Attorneys
David Shestokas
Shestokas, & Associates
Re: Miranda rights
The failure of someone to be read Miranda rights does not invalidate the arrest. It simply limits the use in court of statements made by the defendant. This is discussed in detail at the following site:
http://www.suite101.com/functions/article/default.cfm
Answered on 11/01/08, 4:33 am
George Zuganelis
Zuganelis & Zuganelis, Attorneys at Law, P.C.
Re: Miranda rights
Only on TV do cases get thrown out for an arestee not being read his Miranda rights. The rights only need be read to you if the police are questioning you. If they don't question you about the crime, there's no need to read an arestee his rights.
Answered on 11/03/08, 2:50 pm
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