Legal Question in Constitutional Law in Oklahoma

I was arrested for a misteameanor crime and was not read Miranda. Was Miranda constitutionally mandated although it was a misteameanor? Was the arrest and detainment unconstitutional?


Asked on 8/13/10, 1:16 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The lack of a Miranda warning is not a get out of jail free card; all it will do is to prevent the prosecution from using against you any statements you made in response to police questioning while in custody. All other evidence will still be usable.

Your arrest and/or detention may have been improper for other reasons, but not because of Miranda.

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Answered on 8/18/10, 12:53 pm


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