Cabot, AR asked in Criminal Law for Arkansas

Q: If a police offer fails to read someone their Miranda rights and hears them a day and a half later at the bond hearing.

My sister got in trouble for something and police arrested but but as they did they didn’t read her rights at all. She got them read to her the first time a day and a half later at her bond hearing. What happens to the stuff they have on her and the charges?

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1 Lawyer Answer
Richard Lane Hughes
Richard Lane Hughes
  • Criminal Law Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: Miranda Rights are only required when a person is in custody (not free to leave) and is being interrogated by law enforcement. The typical remedy for a Miranda violation is prohibiting the government from using statements made by a defendant against her in a trial or court proceeding.

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