Tucson, AZ asked in Criminal Law for Arizona

Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first they even said I'm under arrest still didn't read me my rights then said it will just be tickets but still no rights ever

Related Topics:
2 Lawyer Answers
Brian C. Soto
Brian C. Soto
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have deprived of his or her liberties.

In your case, if you were asked investigatory questions about the suspected crime(s) while you were handcuffed and placed in the patrol car, the court would likely find a Miranda violation.

On the other hand, law enforcement officers don’t need to read you your rights if they’re not performing a custodial interrogation.

Stephen M Vincent agrees with this answer

Stephen M Vincent
Stephen M Vincent
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: If they didn't read you your rights, and you confessed or said something want to use against you in Court, you can request that such statements be inadmissible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.