Miranda Rights - New York

[Lepanier]

What is the name of your state (only U.S. law)? New York

When are an individual's Miranda Rights not required when being arrested in the State of New York? My husband was unjustly arrested on the front steps of our home recently - handcuffed and taken away because a hateful neighbor signed a sworn deposition that he had seen him do something to another neighbor's car. Why were his Miranda Rights not necessary to be given?

[FlyingRon]

Miranda rights cover questioning after you are in custody. If they don't intend to question you, they don't need to read you the rights. Whether or not they give them at the time of arrest (unlikely except in cop shows), they almost certainly will give them before custodial questioning (often they make you sign the statement of your rights to be sure). Besides, it's not a get-out-of-jail-free card if they don't, it just leads to the exclusion of anything you said in custody.