Legal Question in Criminal Law in Pennsylvania

Can a statement or charge be brought up against an individual who responded to a police officer in a private residence (but not while in custody) and without being read his Miranda rights?

An incident happened in which I was a suspect. I did not know this at the time. The police came to talk to me in my residence, and I agreed. However, I'm curious if anything I said during this discussion is admissible in court if I do get charged.

Furthermore,the officer requested I go to the station to follow up. I went voluntarily, and there I was read my Miranda rights and he began questioning me. I exercised my rights and left without testimony. The officer said that I was not currently charged with anything, but it'd be the citizen's duty to issue charges.

Any thoughts?


Asked on 5/03/11, 10:28 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Yes it can that's why if you think you are or might be a suspect you never talk to the police.

They are only required to give you the Miranda WARNING (there are no such thing as Miranda Rights) if you are in custody and they are going to ask you questions.

Since you knew of your right to remain silent. Or should have unless you never watched any crime drama on TV since 1968.

There's a video on this topic I play for my clients all the time.

{John}

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Answered on 5/03/11, 11:13 am


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