Legal Question in Criminal Law in Wisconsin
Reading of Rights When Arrested
If someone is arrested without having their rights read to them, does it invalidate the arrest and charges are dropped or does it only apply to certain kinds of arrests?
Asked on 12/25/01, 3:16 am
1 Answer from Attorneys
John A. Birdsall
Birdsall Law Offices, S.C.
Re: Reading of Rights When Arrested
The required Miranda warnings are only needed if you are 1)in custody and they 2) attempt to interrogate you. Each prong has many definitions and variations. However, if they choose not to question you, they do not need to read the warning. Also if you volunteer something, no Miranda is required.
Answered on 12/26/01, 10:39 pm
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