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1st time arrested 4 controlled substance

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F

florence

Guest
I forgot to note that my friend was handcuffed & put in back of cop car, but was never read her miranda rights. This is in FL. Can you get arrested without being read your rights? Thanks
 


T

Tracey

Guest
Actually, yes. The purpose of the Miranda rights is to protect a suspect's right not to have to talk to police. If police question a custodial suspect without Mirandizing him first, the suspect's statements are not admissible except to rebut the suspect's testimony. Any evidence derived from the statements is also inadmissible. However, if police don't want to ask the suspect any questions, they don't have to Mirandize him. They just have to let him have his phone call & arraign him. FL might have a state law that requires police to Mirandize a suspect at the earliest opportunity, but again, not complying with the law would just make statements inadmissible; it wouldn't bar prosecution.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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