Brooklyn, NY asked in Criminal Law for Maine

Q: Is it legal to Not have representation? Also is it legal to not have been read the Miranda rights?

My friend was arrested without having investigation done and potentially assaulted by the officer who arrested him while being brought into the jail. The person in question filed a complaint and nothing has been done. He does have a bit of a mouth But they never served him his Miranda rights nobody did according to him anyway. He also has requested for a lawyer presence and nobody has come to see him. His arraignment was three weeks ago. So if they just arrested him and brought him to jail and didn’t question him would he have to have his Miranda rights in order to go to court?

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1 Lawyer Answer
Hunter J Tzovarras
Hunter J Tzovarras
Answered
  • Criminal Law Lawyer
  • Bangor, ME
  • Licensed in Maine

A: In a criminal case, a person charged who is facing potential jail time has the right to a lawyer if he or she is unable to afford a lawyer.

It's illegal not to provide someone arrested with Miranda rights before questioning the person arrested. If Miranda is not provided before questioning then the statements made cannot be issued in the State's case.

Hope this is helpful. Thanks

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