Legal Question in Criminal Law in New York

i need some advice

i was arrested a few weeks ago the cops asked me what had happened..but never read me my rights i was held for 7 and half hours then released......i need to know if it against the law for the arresting officer to have sex with the person he arrested..i have tried to find out but keep getting different answers......since i was held so long and never read my rights and this with the officer i need to know what i should do........


Asked on 12/18/01, 2:19 pm

1 Answer from Attorneys

Salvatore Lagonia Attorney At Law

Re: i need some advice

Your question does not contain enough information to give you a definite answer on those questions. The police only have to read your Miranda rights if you are under arrest and being interrogated - and the results of those questions are what the arrest is based upon. Here we do not know what the extent of your questioning was - and whether it was used as the basis for the arrest.

As for having sex with the cop - it depends on when and under what circumstances - Certainly if it occurred after the arrest it is inappropriate - but may not help your case. He/she may face departmental charges - but you may still be charged as well. If it occurred before the arrest then it would depend on the type of relationship and whether anything he learned led to the arrest.

The charge that you were arrested for would also be an important piece of additional information.

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Answered on 12/18/01, 7:37 pm


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