Legal Question in Criminal Law in Maryland
rights
if a person is arrested ,handcuffed, and taken to jail, shouldnt they have their rightd read to them. what happens if this doent occur
3 Answers from Attorneys
Re: rights
The person is advised of his/her rights upon arrested. The purpose of being advised of your rights is to let you know you have the right not to incriminate yourself. However, if the person is never asked any questions by the police and never makes a statement then it doesn't much matter.
Miranda Rights
Whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.
If the police question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case.
You may want to review this page.
http://www.dccounselor.com/legaltips.asp
Rights Upon Arrest
The police only have to advise you of your "Miranda" rights if they question you after arrest. If they do not ask you any questions, they are not required to read you your "rights"
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