Legal Question in Criminal Law in Minnesota

My friend was never arrested, only brought in for questioning, she was not Mirandized nor did she sign a waiver yet police lied to her about evidence and coerced her into a confession of the issue. Now, without a formal arrest, she is facing six charges of stalking/harassment and she is not being allowed to meet her lawyer until the trial? IS ANY OF THAT LEGAL? She is in Minnesota... the case was that she was "stalking" someone but she also has BPD and a therapist and about ten years of therapy ...


Asked on 4/14/12, 5:10 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Many people believe that they must be read miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated.

"Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.

A review of your friend's situation is required to determine whether or not she was in custody when questioned.

For a consultation call 612.240.8005.

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Answered on 4/16/12, 6:11 am


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