Legal Question in Criminal Law in Wisconsin
can you be charged with a felony and be summoned to an initial appearance, without every having been arrested for it or had your Miranda rights read to you?
1 Answer from Attorneys
Certainly; not only can you be summoned for a felony (regardless of Miranda rights), you can also directly be arrested outright, via a criminal warrant signed by a judge, without a summons or at the discretion of any investigating officer if there is probably cause. Sending you a summons is merely a courtesy "invitation" to come to court if you wish to avoid harsher measures later and not a legal requirement. Miranda rights only need to be read to you if the government seeks to use statements from a custodial interrogation against you in court later. Absent that scenario, you have no "Miranda rights," so officers can interrogate you at will without the warning, so long as they do seek not use the statements against you. If this interrogation leads to other evidence against you, however, a skilled and experienced criminal defense attorney can sometimes get the evidence suppressed as being the "fruits of a poisonous tree," so you do still have remedies for police violations of 5th amendment rights. You also always have the right to respectfully refuse to answer under the 5th amendment, and remain silent or ask for a lawyer, regardless of whether or not you are read your rights. No matter what, if you are charged with a felony, you should immediately seek experienced, local criminal counsel.
Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials.
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