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Why were my rights not read to me during my arrest?

I was recently arrested, and during the arrest, I was not read my Miranda rights. Instead, the police detained me, took me to the station and then read my rights before processing. It was to my understanding that I could not be charged if my Miranda rights were not read during the arrest. Is this not the case?


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    Laurie Schmidt | Law Offices of Laurie A. Schmidt, P.C.
    Law Offices of Laurie A. Schmidt, P.C.
    Denver, CO 80203
    (303) 747-4686
    Miranda is one of the most heavily litigated topics in criminal law. If and when the cops have to provided a Miranda warning depends on if you are in custody and being questioned by the police. If you are not in custody, the court's typically look at this as investigatory and thus Miranda would not be required. Miranda violations are very fact specific and your rights may or may not have been violated. There are not enough facts in your description to determine if a violation occurred.
    Answer Applies to: Colorado - Replied: 4/8/2013
    John J. Carney | The Law Offices of John J. Carney Esq.
    401 East 34th Street
    New York, NY 10016
    (917) 696-2363
    You are not right, the police do not even have to read the Miranda Warnings at all. Study your constitutional rights so that you know how to handle your future arrests. Visit my website for a Miranda Rights Form.
    Answer Applies to: New York - Replied: 4/4/2013
    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    As long as they ready you Miranda rights before you were questioned, the police did nothing wrong here.
    Answer Applies to: New York - Replied: 4/3/2013
    Jonathan J. Mincis, Esq., | Law Offices of Jonathan Mincis
    131 Main Street, Suite 270
    Hackensack, NJ 07601
    (201) 342-5030
    Sorry, but you are mistaken. You can still be arrested and charged even if the officer Does not read you Your rights until after he brings you into the station. Miranda only applies if you gave a confession admitting that you committed the offense. If you gave a confession and were not provided with a form advising you of Your rights, then you could move to have the confession suppressed. If did not admit to anything, then the whole miranda argument will take you no where because you do not have a miranda issue. Your arrest cannot be attacked on this issue based on What you have posted Here.
    Answer Applies to: New Jersey - Replied: 4/3/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Wrong. They only have to read you your rights if AFTER arrest they want to interrogate you.
    Answer Applies to: Michigan - Replied: 4/2/2013
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