Legal Question in Criminal Law in Michigan

Re: Miranda Rights

Did the police question you about your alleged criminal activity while you were in custody? If not, it doesn't necessarily matter to your case. If so, contact me immediately.

Re: Miranda Rights

Since the Miranda decision came out in the mid-60s, we've seen hundreds/thousands of TV shows and movies where police "cuff 'em, stuff 'em" and read Miranda rights as a matter of routine. So, I'm not surprised that you would have 'expected' the rights to be read to you. However, Miranda rights do not have to be read after 'every' arrest.

Not being advised of your "Miranda rights" is only a problem (and, frankly, it's really a 'problem' for the police and prosecutor ... not you ... since they're the ones who would be penalized) if you are interrogated after you are in police custody. If the police never questioned you after your arrest about your alleged criminal conduct, then it's a waste of time to read you these rights.

If you were questioned after your arrest about "the incident" you were arrested for, and you were not advised of your Miranda rights, you should consult with an attorney to review what options you can pursue. Typically, you would file a motion to suppress your statement (meaning that the prosecutor could not use your statement in its case). But your charge would not be dismissed ... unless the prosecutor could not prove an element of the crime without that statement.