Minneapolis, MN asked in Criminal Law for Minnesota

Q: I was handcuffed, transported to different county then handcuffed again, throw in a holding cell without reading rights

I wasn't told why I was arrested, transported and I wasn't read my rights.

I was put in a holding cell with no information.

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2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Police must give a "Miranda" rights warning prior to questioning a person after that person is "in custody." If they fail to do so, a judge may suppress the subsequent statement, so to the prosecuting attorney would not be allowed to use it as part of the state's case-in-chief. Once out of custody, it's a good idea to review your case as fully and completely as possible, with your criminal defense attorney, to begin the defense against the state's claims.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: They are not required to read your rights to you unless they are engaging in custodial interrogation. The idea that the reading of the rights is required upon arrest something created by television shows and movies. There might be other, more fruitful, legal issues that you can raise. Get an attorney on board.

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