The court in which your trial will take place. The US SUPREME COURT ruled in Miranda V. Arizona. You be read the following: You have to the right to remain silent, If you choose to give up that right to remain silent anything you say can and will be used against you in the court of law. You have a right to a lawyer if you can't afford a lawyer one will be appointed. Do you understand these rights? Your response would be yes. If you understand?
Miranda v. Arizona
Miranda v. Arizona, 384 US 436 (1966)Miranda vs. Arizona
they have to read your rights before they arrest you.
Miranda v. Arizona-suspected criminals must be read their rights
No, Miranda Rights do not have to be read during any arrest. Miranda Rights are required prior to an interrogation but have nothing to do with an arrest.
yes
They have(if in the Us) all the rights in the United States Constitution. But when someone is under arrest the arresting officer must read the person their Miranda Rights. Miranda rights are what you here on all those TV shows..."you have the right to remain silent, anything you say or do can be used against you in the court of law. You have the right to AN ATTORNEY. if you cannot afford an attorney one will be given to you" etc. This was established by Miranda v. Arizona case. and the right to counsel(an attorney) was established by the case; Gideon v. Wainwright.
If they have not declared you 'under arrest', and read you your Miranda rights, then you are not under arrest, you are just in police custody. That would be a good time to consult your lawyer.Another View: (in the US) Whether you are told, "You are under arrest," or not, BELIEVE ME, if you are taken to the police station and are not free to decline the trip, you ARE under arrest.ALSO; You do NOT have to be read your Miranda Rights at the time of your arrest. You must only be advised of them PRIOR to the start of any questioning about the offense.
The law enforcement officer has to tell you that you are under arrest and they have to read you the Miranda Rights. If they have not told you that you are under arrest, they can simply have you "detained". If they have not told you that you are under arrest, and you are not in handcuffs, you are free to go.
Yes. Miranda need only be read prior to actual questioning, not at the incident of arrest. Contrary to what is shown on television, most people are not read Miranda rights at the time of arrest.
The US Supreme Court ruling in the case of Miranda v. Arizona established this right.However, there is no requirement that you be advised by the arresting officer, immediately upon your arrest, only that you be read your rights before actual interrogation about the particular offense commences. .If there is any question about the admissibility of the evidence against you, your defense attorney will raise it at the appropraite time.
He is a fleeing fugitive - None, except the right to be read his Miranda warning when he is eventually captured.