North Providence, RI asked in Criminal Law and Domestic Violence for Rhode Island

Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

1 Lawyer Answer
Thomas Briody
Thomas Briody
Answered
  • Criminal Law Lawyer
  • Providence, RI
  • Licensed in Rhode Island

A: The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need to retain a lawyer and look carefully at the facts surrounding the police questioning you.

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