Legal Question in Criminal Law in New Mexico

probation

my wife is on probation for drugs and was arrested for using and now is in a rehab for it but the arresting office didnot read her rights to her do they have to and if so is she elagabe for realece


Asked on 7/17/08, 12:04 am

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

Re: probation

Once again, the requirement that law enforcement provide an arrested person with the information required by Miranda vs. Arizona, "Miranda rights" is operative only if a statement is taken during an in-custody interrogation, and the statement is to be used in evidence in a criminal proceeding. No statement, no Miranda requirements.

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Answered on 7/17/08, 6:19 pm


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