Legal Question in Traffic Law in New Jersey
Not read Miranda rights when arrested for warrent
I missed my court date and was arrested on a warrant, never being read my Miranda rights. Will this have any affect on my trial?
2 Answers from Attorneys
Re: Not read Miranda rights when arrested for warrent
Unless you gave some incriminating statement to the police officer who arrested you the Miranda has no bearing on your case because Miranda confers to a defendant the right to seek to suppress the use of his or her
custodial statements based on the Fifth Amendment prohibition against compelling a defendant to incriminate himself or herself.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Not read Miranda rights when arrested for warrent
Get the word out: Miranda only applies to (1) Custodial (2) INTERROGATION. You were in custody, but they did not need to interrogate you if they found three pounds of drugs on your person. If they interrogated you, and the incriminating evidence was the "fruit" or result of the interrogation, then you should have been mirandized. But the public needs to understand that you don't need to be mirandized just because you are arrested. It's only if they have you in custody, AND they interrogate you.