Legal Question in Criminal Law in Michigan
If I got pulled over with marijuana and told the officer where it was and he didn't recite the Miranda can I get prosecuted
3 Answers from Attorneys
Yes. You can still get prosecuted.
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Yes you can. Miranda is only required if you have already been placed in custody and the officer questions you about the crime. On TV and in the movies, the police must advise someone of their Miranda rights as soon as they are placing the handcuffs on the person but in real life, that is not the case. If you told the officer that you had marijuana and where it was and then they arrested you, the do not have to advise you of Miranda. Good Luck!
Yes you can be prosecuted however, Miranda comes into play when you are in custody and being interrogated. I would need more facts surrounding your contact with the police to assess your situation. Feel free to contact my alternate after hours number to discuss.
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