Detroit, MI asked in Civil Rights, Constitutional Law and Criminal Law for Michigan

Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear your side of the story". Other times, they are just giving you an opportunity to talk, and if you choose to do so, you are making a voluntary statement.

Even if Miranda does apply to your situation (e.g. you were not free to leave and you incriminated yourself in response to police questions), your statement may be suppressed (e.g. can't be used against you), but other evidence may exist that could still result in your conviction.

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