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Should you have your rights read on being arrested for a misdemeanor?
Wiki User
∙ 16y ago
Anytime you are arrested in the US by a legitimate organization, you are required to be 'read' your Miranda Rights.
Wiki User
∙ 16y ago
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If your held in custody but not arrested are you supposed to be read your rights?
If you are not free to go and are being questioned, you should be advised of your rights.
You were charged with a misdemeanor and given a summons but not arrested The police did not read you your rights but should they have?
A summons is syaing that charges are being filed because of probable cause of a complaint. Lw enforcement only needs to read you your rights (Miranda v. Arizona) if you are: 1) Under arrest; or in a police controlled environment 2) You are asked questions which would cause you to incriminate yourself
Can a class B misdemeanor marijuana charge without any arrest be transferred to another state in any way or can extradition be requested?
I'm not aware of any states extraditing for a misdemeanor, but the misdemeanor warrant will remain active until the individual is arrested, therefore, if you go back to the state where there is a warrant, you are subject to being arrested.
Is being arrested for a bench warrant the same as a misdemeanor?
It all depends on what was the reason behind the issuance of the bench warrant. If it was a misdemeanor offense, yes, If it was af felony crime, it's a felony.
Can a person be arrested without being charged?
It's unclear as to what "rights" you are referring to. If you're referring to being "read your rights" (Miranda Warning), the courts have ruled that being arrested for certain low class misdemeanor offenses does not necessarily REQUIRE that your 'rights' be read to you (i.e- public intoxication/drunk - disorderly conduct- traffic arrests - minor municipal offenses - etc). On the other hand, if you were arrested and charged with a felony crime you should have been given the 'Miranda Warning' or you might have an affirmative defense against any statements you may have made. If you were asking about other "rights" that you think you may have after arrest, please be more specific.
When do an officer have to read you your rights?
If you are being arrested, you should be read your Miranda rights. Up to that point, the officer may ask you questions without reading you your rights. You are not obligated to answer any questions beyond identifying yourself.
Today people being arrested are read their rights the right to remain silent is guaranteed under?
Under the supreme court case Miranda vs Arizona, in which it was declared that those being arrested are to be read their rights to them, including the right to remain silent and the ability to get an attorney. This can also be seen in the Fifth Amendment.
What are some basic human rights?
remain silent while being arrested
The MIranda decision of the supreme court concerned?
The Miranda decision of the Supreme Court was concerned with police informed the accused of their rights when they are arrested. They are called Miranda Rights.
What will happen if you were not marandized before you got arrested?
If you were not marandized before being arrested you can have the case against you thrown out simply because they did not read you your rights.
How serious is a disturbing the peace 415 misdemeanor and will it bar you from being hired?
This should not bar you from being hired. It is not a serious misdemeanor. Most jobs will overlook misdemeanors when they are considering candidates.
What if Miranda rights not given til hour after arrest?
As long as you are advised of your Miranda rights beforequestioning is begun it does not matter. Miranda rights are not about being arrested they are about what your rights are during questioning.
