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Our legal rights - when to read rights

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skitcher

Guest
What is the name of your state? missouri

we had two police and a social worker come into our house and charge my husband with child abuse after a daycare hotlined our foster child. the social worker was rough and the police never read us our rights, not realizing we should have called a lawyer right away (because we did not do anything wrong). the detective came, still not mentioning we should or could call a lawyer. the social worker told us that there was no such thing as an "accident" in these cases and that we should just go along with the police to make things "easier" for us. still not realizing our rights, or what we should do, thinking calling a lawyer makes us seem guilty about something. my husband was taken that night to the police station to give a statment, drove down with the detective, and only read his rights when in a room where the detective was typing up his statement.

don't they have to advise us on such matters? at what point in this process are they supposed to do that? do we have any grounds to bring up this matter before the judge?
 


Bravo8

Member
I have only been here for a few months, and even I know that this question gets asked about 1 billion times a week.....:rolleyes:

For the sake of brevity, the police only have to advise you of your Miranda rights when you are in custody and being interrogated.
 
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PaulE

Guest
He's right. You said your husband went to the station with the detective. You didn't say whether he had a choice or not. You also said he was given his miranda warning prior to giving a statement. If he wanted to invoke his rights this would have been the time to do it. From what I can tell by the information you provided, the police did nothing wrong.
 

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