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When should a suspect be mirandized?
A suspect should be given his Miranda warning upon arrest, as that indicates that the police intend to question him/her in their custody.
Why do police officers carry the Miranda warnings?
For legal reasons. if they can say in court they always read it from a card, ensures verbage was proper for the suspect so they can't claim not properly mirandized.
What are the rights new citizens gain?
`The right to vote `The right to participate in democratic activities. `The right to travel `The right to run for president `The right to own a business `The right to drive `The right to a lawyer (mirandized by the cops) `The right to
When you were arrested for criminal trespassing you were not read your rights is this a loophole?
No, it is pretty well established in case law that that arrests for minor violations such as those of municipal regulations, traffic or DMV offenses, and some minor misdemeanors do not necessarily require the defendant to be Mirandized.
Do you feel that an individual should be Mirandized at the point of arrest?
No, the Miranda Rights only have to be read when the person being taken into custody will be subject to what's called "Custodial Interrogation", that is, when they will be questioned against their will without the ability to freely leave.
Who was Ernesto Miranda?
Ernesto Miranda was a man who was almost forced by police to incriminate himself in his confession. This created what is called the Miranda rights, where all law enforcement officers must read an arrested person his/her rights, or mirandize them. If the suspect has not been mirandized, they can not be sent to jail or prison.
Does the Miranda decision require the police personnel to advise a person of his or her rights at the time of arrest?
While the arrestee USUALLY is Mirandized at the time of arrest - it is NOT absolutely required that it be done at that moment.It is only necessary PRIOR TO the beginning of any interrogation. For example: You may be arrested - transported to the station house - placed in a temporary holding cell while the detectives get their information together or return from the scene - and THEN Mirandized at the time you are moved to an interrogation room.Of course, if you are questioned on the scene, obviously you WILL/MUST be advised of your rights before that can be done.
What is arraignment and bond hearing?
If your are detained and questioned by the police as a suspect in a crime, you must be charged with a crime or released. If you are charged, you are Mirandized and arraigned. You wait in jail for a bail hearing. When you get your hearing, the judge will hear the charges against you brought by the ADA and you will have a court-appointed defense attorney; the judge will assign the amount of bail and the method in which it may be paid: cash or bond. I'm not an attorney and this is not in any way to substitute for actual legal advice.
Why citizens in the country are granted rights?
That depends on the country granting the citizenship. In the United States, new citizens gain all of the rights of natural-born citizens with the exception that they are not allowed to become President of the United States.
Does a minor have to be mirandized before being quetioned by a police officer?
Yes, you must have your rights read to you and you must confirm that you understand your rights before any legal body can question you and hold the information provided against you in a court of law.
What is due process and what responsibilty does it give the government?
Due process is a system that requires all criminals be treated fairly it starts when one gets arrested.... 1. You must be mirandized 2. You are taken to processing facility finger printed, photographed, etc 3. You are given a lawyer if needed 4. You are taken to a holding facility 5. Await trial. The responsibility on the government is to make sure each criminal is afforded and given these steps to smoothly run the Justice system and give them a fair trial with an impartial jury.
Can they use anything against me if i wasn't read my Miranda rights?
The answer depends on the specific circumstance. Generally they would not be able to use information from interrogations after you were arrested.Other evidence, witness statements, etc., are not affected by Miranda.This is something you should discuss with a local attorney.Clarification: Your Miranda rights do not take effect until AFTER you are actually placed under arrest. Anything they learned from speaking with you BEFORE you were arrested is admissible as well as anything you voluntarily say to them, even after you have been Mirandized. As stated above, information they learned independently, from other sources, is not subject to the Miranda provisions and can be used against you.
