Legal Question in Constitutional Law in North Carolina

Meranda Rights

I was arrested for driving with license revoked and assault with a deadly weapon. Now even though no one was assaulted that is not my concern. I was placed in handcuffs after being questioned on the scene, I asked what my charges were and was told driving. After ariving at the police station I was charged with DRLR and AWDW. I asked the Magistrate if i had been arrested and he replied as much as you ever will be. At that time I informed him that no one had read me my rights. I was told someone would. I was fully processed and left jail under a bail bonds man and still have not been read my rights!!!! I told the jailer and the District Attorney my rights were never read to me. The District Attorney told me that it was not always important to read a person their rights and that if I had ever been arrested befor I knew my rights. Is this true? I thought any time a person was arrested the officer had to by LAW read you your rights!!! Please help me understand the law regarding my rights.


Asked on 4/14/04, 12:57 am

2 Answers from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: Meranda Rights

Only if you are arrested AND questioned about the crime. Not for just an arrest and no interrogation.

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Answered on 4/14/04, 3:48 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Meranda Rights

Police are not actually required to read anyone their Miranda rights, but if they don't and then question you, they cannot use your answers as evidence against you. They also can't use any evidence they obtain as a result of those answers unless they can prove that they would have found the evidence even without questioning you.

There is often no need to question a suspect after he has been arrested, and driving without a license is a crime that almost never requires such statements. If you go to trial, the arresting officer will testify that you were driving and the DMV will verify that your license was revoked. That's all the evidence needed to convict you. For assault cases, prosecutors need only the testimony of the victim and of any witnesses.

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Answered on 4/14/04, 5:26 pm


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