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No Miranda Rights Communicated

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  • 01-02-2009, 09:47 AM
    Benny9
    No Miranda Rights Communicated
    My question involves criminal law for the city of: Washington DC

    Is that legal -- No Miranda rights communicated?? The arrest was for simple assault. This led to jail at precinct and then overnight at main prison until court on the next afternoon. He did not know anything about being arrested and any particular rights or anyone to call out of ignorance and fear. Family was not allowed to see him at precinct or the main jail. Judge issued "no papers" the next day.

    Can the fact that no rights were communicated and he had to go to jail be brought up with some sort of court or complaint process with the DC government or DC Metro Police Dept.?

    Please help if you can.
  • 01-02-2009, 10:05 AM
    M'sta Mikey
    Re: No Miranda Rights Communicated
    Miranda rights are read to those who are about to be questioned while in custody for a criminal offense.

    Chances are your friend was not questioned or "interrogated" regarding his crime.
  • 01-02-2009, 10:08 AM
    BOR
    Re: No Miranda Rights Communicated
    In addition to what Mikey siad, here is a general overview of Miranda law:


    http://www.expertlaw.com/library/cri...da_rights.html


    Even if he was questioned "on scene" without being Mirandized, this is generally held to NOT be "custodial" in nature.
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