Legal Question in Criminal Law in Oklahoma

Re: Why do the police here not have to read maranda rights?

Unfortunately, reading of rights only has to do with statements one might make and the remedy is that a statement can be suppressed and not admitted as evidence.

Unlike Hollywood, the failure to read rights is pretty irrelevant in most cases.

Re: Why do the police here not have to read maranda rights?

A defendant need only be read his rights if that defendant 1) is in police custody, and 2) the police intend to ask him questions. If, under these circumstances, the police do not read a defendant his miranda rights, it only prevents them from utilizing his statements (that he made in reasonably direct response to police questioning)against him in his prosecution. However, a case is not just automatically dismissed nor is an arrest invalidated simply because of a failure to read a miranda warning.

Re: Why do the police here not have to read maranda rights?

Failure to read a defendant his or her rights only means that any statements made by the defendant while in custody cannot be used against him. Often as not, the cops will lie and say they read a defendant the Miranda warning whether or not they did. Let me know if I can be of further assistance.