Legal Question in Criminal Law in New Mexico
Miranda Warnings
I was arrested, but the police did not give me my Miranda warnings. Does this make my arrest invalid?
Asked on 12/16/07, 10:14 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Miranda Warnings during arrest
No. This provision of the criminal law is widely misunderstood. Miranda warnings are required only if one is in the custody of law enforcement, not free to leave, and is being questioned as a suspect concerning a criminal event. If one is not in custody, or is in custody but not undergoing interrogation concerning a crime, the police are not legally required to advise concerning one's Miranda warnings.
Answered on 12/31/69, 7:00 pm
Related Questions & Answers
-
False arrest my son was arrested for numerous charges of forgery and fraud,but... Asked 12/15/07, 5:59 pm in United States New Mexico Criminal Law
-
Grand jury indictment Is it true that as a defendent, you are not allowed to bring a... Asked 12/12/07, 11:33 am in United States New Mexico Criminal Law
-
What happed to my friend my friend went to prison and was released or should i say... Asked 11/06/07, 4:40 pm in United States New Mexico Criminal Law
-
Selling magazine subscriptions without a permit I went to jail overnight in... Asked 8/09/07, 1:07 pm in United States New Mexico Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
