Legal Question in Criminal Law in New Mexico

do I not have to have my miranda rights read to me b4 being put in jail?

I was booked and jailed for having marijuana, less than 1 oz, in my possession. (It was about a gram) At no time during that day, or any other, was I read my rights or even told that I was under arrest. Mind you, an arrest warrant had been issued on me [a failure to appear for the same charge], and THAT is what they brought me in on. In the process of doin inv. of my possesions, the officer found ~1g MORE of the substance. I had two (2) seperate bonds, so I guess that means I was charged w/ two diff. charges. Can/Should I fight this?


Asked on 10/19/99, 1:16 pm

2 Answers from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: do I not have to have my miranda rights read to me b4 being put in jail?

While not licensed in your state and only practicing in Tennessee, on my website at the following link you will find an explanation of when and how the "Miranda warning" comes into play. http://www.jesbeard.com/35.htm

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Answered on 11/17/99, 11:51 am
E. Brian Davis Davis Law Office

Re: do I not have to have my miranda rights read to me b4 being put in jail?

There is not enough information for me to tell you whether

you should fight this. I can tell you, however, that failure

to give you your Miranda warnings means that anything you said to

them after being detained cannot be used against you.

If they don't plan to question you, they don't need to give you

your Miranda rights. It is bad procedure on their part IMO, however.

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Answered on 10/21/99, 1:09 am


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