Q: Miranda Rights read but person wasn't arrested.
How typical is it for a person's Miranda Rights to be read but then the person isn't arrested that day? The person was later arrested. Is this normal or does it have some other implication?
A: Miranda warnings should be given by law enforcement to any suspect before any custodial interrogation, whether an arrest is made or not.
A: Whether or not it's normal depends on the type of investigation being conducted. The purpose of "Miranda" is to warn the person, before they make any statements in response to police interrogation, the answers to which tend to be incriminating, that they have the right to not answer any questions, that their answers, should they choose to answer, will be held against them in later court proceedings, that they have a right to have a lawyer present and if they cannot afford one, the court will appoint one for them, that they have a right to have that lawyer present during any police questioning, and that the rights just stated are continuing and may be urged at any time. This is just a general survey of the "Miranda" warnings, and comes into play when incriminating statements are made in response to police interrogation. If the person agrees that they understand the "Miranda" warning, then their statements in response to police questioning, later become admissible, should they subsequently be charged. It's neither normal or abnormal for police to question someone after reading them the "Miranda" warnings, and not arrest them until a later date. It just depends on the type of investigation being conducted. I hope I have helped you and not been confusing. I hope the person has retained an experienced criminal defense lawyer to assist them. Best of Luck!
1 user found this answer helpful
Miranda Warnings are often given to any person police seek to interview. Many persons may be interviewed in a case. In my experience I would not draw any implications from it. You should seek to retain a competent defense attorney to best discuss how to pursue justice in your loved one's case.
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