Legal Question in Criminal Law in New York
is it legal for a person to be arrested and put in jail without, first, being mirandized?
Asked on 4/16/14, 9:34 am
1 Answer from Attorneys
The police only have to give Miranda warnings if you are: a) in custody; and b) being interrogated. Most initial street encounters do not require Miranda warnings. Even if Miranda is required and not given the case is not dismissed. The remedy for a defendant is suppression of the non-Mirandized statements.
Answered on 4/16/14, 9:46 am
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