Legal Question in Constitutional Law in Utah

At what point during an arrest should your Miranda rights be read to you? Also, when should you be allowed to make a phone call? I was arrested (voluntarily turned myself in to see the judge) for an FTA warrant for suspended license. Instead, I was arrested and put in a cell. I never was read my rights and not allowed to make a call for 6 hours. I was fired from my job directly related to this.

Thank you very much,

Kathleen Drake


Asked on 2/05/10, 10:42 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Miranda rights should be read at the time of the arrest. Any information provided after the time you should have received the Miranda warnings could be omitted at trial. You were arrested on a bench warrant for failure to appear. You probably were not interrogated afterwards, so there is probably not any information that you gave that could be omitted. Your phone call needs to be within a reasonable period after arrest. What is reasonable is related to everything that may have been going on at the time of your arrest (i.e., other responsibilities of the staff.)

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Answered on 2/11/10, 7:51 am


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