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If a person was never told of their Miranda rights, should their case even been tried?


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    Edward J. Blum | Law Office of Edward J. Blum
    3699 Wilshire Blvd.
    Los Angeles, CA 90010
    (213) 479-5322
    Yes. Miranda violations only matter when you've said something to the cops while in custody and they seek to use it against you. If that is the case and they didn't read your rights, then they can't use it in trial.
    Answer Applies to: California - Replied: 7/16/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
    Answer Applies to: California - Replied: 7/16/2013
    Jeff Yeh | Law Office of Jeff Yeh
    3810 Wilshire Blvd., Suite 1110
    Los Angeles, CA 90010
    (213) 446-2495
    Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
    Answer Applies to: California - Replied: 7/16/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    The only time that Miranda has to be read is if AFTER arrest the police want to question the person about something that might incriminate them. Many times Miranda is never needed at an arrest.
    Answer Applies to: Michigan - Replied: 7/16/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    If no confession was given, or a confession given but there is plenty of independent evidence against the accused, whether Miranda was given or not is irrelevant. They can proceed to trial with the other evidence they have against you.
    Answer Applies to: Illinois - Replied: 7/16/2013
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