Legal Question in Criminal Law in Wisconsin
My fiance was arrested which violated his probation. Is it wrong that he did not get his Miranda Rights read to him when arrested? Also he has been in there for 6 weeks, no new files have been charged or filed yet or has not seen the police report. So in my research so far, his rights have been violated for many reasons. Not having a speedy trial, being held for 6 weeks so far with no new charges, and not given a copy of his police report, am I right?
1 Answer from Attorneys
Contrary to popular belief, there is no law which requires officers to read Miranda rights to everyone who is arrested. Rather, if the officers wish to interrogate someone who is in custody and use the resulting statements against him or her later in court, they might later need to prove to the judge that the person knew that they had the right to remain silent as a prerequisite to admitting the confession into evidence. One traditional way to prove that is to provide testimony that the officers read Miranda rights to the suspect first Other than that, it is strictly optional, and if the person is being picked up on a probation violation, the PO or a representative will normally interview them as a part of the probation rules which the person accepted when they requested probation as a sentence rather than jail. In other words, while on probation, one foot is already in jail and the other one can easily join it at any time for very minor reasons. Although he might still have a right to remain silent as to any new crimes he is accused of, exercising that right could be enough evidence to revoke his old probation. Your boyfriend is therefore in urgent need of representation by an experienced criminal lawyer. I am not his attorney and will not be taking any action on his case. However, you are still welcome to contact me during business hours at my in Racine if you still have questions, or see me on the web at www.jayknixonlaw.com. For a list of my other 15 years of answers here on Law Guru, please see my profile link here at lawguru.com.
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