Legal Question in Civil Rights Law in New Mexico

Maranda Rights

My boyfriend, who is on parole, was arrested Saturday, but was not read his rights. He was told they did not have to read him his rights. Is this correct? He was arrested on a warrant with 3 counts of intimidating a witness, but was with me and my family at the time that he was supposed to have been doing this. We are trying to find out all we can to help him beat this charge. But mostly are very confused about his rights and what we can do to help him. We know he is innocent, but there has been no investigation, and no one has even questioned him or us to see if the aligations are true. I thought that any time you are arrested on any charge that you were to be read your rights. I have never heard that this law changed. Are there instances where your rights do not have to be read? Can those rights be ignored by the police? Or do you always have the right to be silent and to have an attorney? Do the police have to get your statement, or can they take someone elses word for it that you are guilty and just arrest you? Please let me know!


Asked on 10/24/05, 12:09 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Maranda Rights

Law enforcement is required to advise a criminal suspect of the "Miranda warnings" only when they intend to take a statement from him. If they do not question him, there is no requirement that they provide the advice. There is no legal requirement that a suspect's statement be taken. The police are free to rely upon other evidence or witness statements to file a criminal complaint and make an arrest. You need competent legal representation.

Read more
Answered on 10/24/05, 1:09 pm


Related Questions & Answers

More Civil Rights Law questions and answers in New Mexico