Greenville, MI asked in Criminal Law for Michigan

Q: Is there a law where when u are arrested, That u have to be mirandized, before being charged with a crime

I was on picked up on a warrant that was issued for me that morning and picked up from work, and was never actually read my right until pretrial

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

A: No. Miranda Rights apply when 1) you are in custody, and 2) being interrogated. The rights protect you from involuntary self-incrimination, and when violated, can lead to suppression of any statements or evidence gained.

Only because of TV and movies do we believe the police need to mirandize everyone. Police will often, when arresting someone, read Miranda and ask if the person wants to talk. Despite it almost always being against a person's interest to do so, and almost every lawyer will universally say "don't talk to the police, most people arrested still do, and almost inevitably seal their conviction by doing so; the police being too willing to listen. Once police advise a person of Miranda rights, ANYTHING the person says can AND WILL BE used AGAINST him or her.

In your case, you were arrested on a warrant. There was nothing more the police needed to hear from you and so it's unlikely you'd be interrogated in that scenario. Thus, no need for Miranda warnings.

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