Legal Question in Criminal Law in Michigan
if you get a uniform law citation from a state trooper for a 4103(transport of open intox) and he takes your license in lieu of bond, does he have to read you your rights?
1 Answer from Attorneys
No. "Reading you your rights" is only an issue if, after you are placed in police "custody" the police conduct a question-and-answer with the purpose of eliciting potentially incriminating statements from you. Police can have a conversation with you before an arrest happens or before a reasonable person would believe they are not free to leave (the definition of "in custody"), and you do not have to be informed of your "rights" yet. If you were never arrested, and if after you were arrested the police did not ask you thinks like, "So, tell me about this bottle of vodka ...", then you don't have to be informed of your "rights" (i.e., you have a right to remain silent, anything you says can and will be used against you in court, you have the right to stop the conversation at any time, you have the right to an attorney and one will be appointed for you if you cannot afford an attorney).
Related Questions & Answers
-
If i filed a false police report of robbery and im only 15 years of age and i have a... Asked 6/29/13, 11:45 am in United States Michigan Criminal Law
-
Ok my boyfriend is locked up for violated probation not paying fees and not... Asked 6/28/13, 7:19 am in United States Michigan Criminal Law
-
I was charged with possession of marijuana, what should I do at my trial? Asked 6/25/13, 8:06 am in United States Michigan Criminal Law