Criminal Law

questions & answers

Question: Is being read one's rights during an arrest manditory?

Answer: A summary on Miranda is located at this link.  The [United States Supreme] Court stated that a confession would be inadmissible under the Fifth Amendment self-incrimination clause unless the suspect was made aware of his or her rights and had thus waived them. This means that police are not required to read one's rights during an arrest, but if an arrested individual is not read his rights, information given by the individual may not be admissible later in court. If you have specific questions about a situation and how it may affect you or an associate, you may wish to consult an attorney.

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