Legal Question in Criminal Law in Michigan

I was arrested and wasnt read my rights

I was arrested and wasnt read my rights when pulled over by an officer. I was never told why I was arrested either. I was driving a new used car that I had bought from my friend and hadnt registered yet and was without tags. I had insurance but no proof. The police had found some junk jewlery that my friend hadnt cleaned out of the trunk. I assume they thought it was the real thing and I had stole it. I have already paid the fines and all but I wonder if I can take any action to get that unnecessary arrest off my record.


Asked on 11/14/97, 1:27 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

I was arrested and wasnt read my rights

This is a common misconception. There is NO requirement that an officer "read you your rights" before an arrest or even at the time of arrest or immediately after an arrest.The requirement is simply that you be advised of your rights before you are asked any questions when you are in custody. And even that is a bit of a simplification since the officer is still free to ask you questions once you are in custody.... it's just that the prosecution is prohibitted from using either your answers or any evidence obtained as a result of the answers.

Read more
Answered on 11/14/97, 9:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan