Legal Question in Criminal Law in Missouri

Miranda Rights

My was called ''outside'' to talk to a drug task force in my area. I gave my name but was asked several other questions, ie who else lives with me and do I have any drugs in my house. They now have drug charges for me and my husband. They did not read me my rights. They came back several months later and told us that the results were in. They wanted to know information on drug stuff. They did not read us our rights. Is this a violation?


Asked on 10/08/07, 11:28 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Miranda Rights

It does not sound from your post that you were in custody when the police asked you questions. If you were in custody then they should have Mirandized you, but they could always say that you volunteered the information. Many people misunderstand Miranda because their knowledge comes largely from T.V. shows and movies which are not very often true to life. In any event, you and your husband should hire the very best criminal defense attorney you can afford, and discuss all of the relevant details with your attorney. Your attorney will be able to determine whether any of your Constitutional rights have been violated and whether any "evidence" can be suppressed. If you do not already have an attorney, you may call me for a consultation.

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Answered on 10/08/07, 10:10 pm


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