Do I have to have my rights read to me for a misdemeanor?

Question

Do your rights have to be read to you even though its a misdemeanor and you are being arrested for public intoxication? I was not read my rights or given a drug test and spent 17 hours in jail (public intoxication - controlled substance).

Jules N. Fiani · Answer

No.

Cynthia Henley · Answer

For public intoxication (PI), there is no right to a blood or breath test, or to field sobriety tests. It is based on the officer's opinion (which is really based on almost nothing.)   Regarding Miranda rights - this applies to EVERY case - if a person is in custody and before the police can interrogate that person, they must read the person their rights. If they do not, then the results would be that the person's inculpatory statements (made IN CUSTODY in RESPONSE to INTERROGRATION / QUESTIONING - not statements that a person just blurts out or statements made when not in custody) would be suppressed at trial - not used against the person. If they don't interrogate / question, then they do not have to read the rights to the person.

Philip Hache · Answer

If your Miranda rights were not read to you at the time of your arrest, then it is possible to suppress any damaging statements you may have made to the cops after your arrest.  For example, if you told the cops you drank 20 beers after you were arrested (but they never read you your Miranda rights), your attorney could move to have that statement suppressed so it can not be used against you at trial.

Thomas Tomko · Answer

Reading of rights has to do with admissibility of statements during an in custody interrogation.  If there is no such evidence which will be admitted at trial, then it does not matter whether or not you were Mirandized.

Samuel H. Harrison · Answer

It does NOT have to be given if you are not questioned.

Michael Garber · Answer

The police have the right to ask basic questions such as your name and what you're doing. Before they can question you they have to read you your rights. If you appeared drunk they don't need to ask you anything to figure out you are.

Leonard Harden · Answer

Miranda rights are only in effect when you are in custody and interviewed. They do not mean that you win.  Even if in custody for public intoxication Miranda would apply but it very likely won't matter unless you were interviewed while in custody.

Craig Elhart · Answer

Upon arrest, even for a misdemeanor, if the police are going to question you, they have to read you your rights.  If there is no questioning, then they don't have to read you your rights.

Roianne Houlton Conner · Answer

Your rights are only relevant if you give a statement which incriminates you.

Michael Nack · Answer

It's amazing to me that so many people have no clue as to when having their   rights read to them is necessary. It is only necessary if the authorities  intend  to use your statements as evidence against you, and in some cases  not even then.  Facing the type of charges you are probably facing, you need  to hire an  attorney.

James Schoenberger · Answer

Law enforcement must read you your rights (Miranda warnings) before questioning you. If you were not questioned, they do not need to read you your rights.

Geoffrey MacLaren Yaryan · Answer

Your only have to have your rights read to you if you are in a custodial   situation, arrested, and the police intend to question you. Miranda rights  only  are concerned with statements made which may incriminate a person.

Jared Altman · Answer

The only time a violation of your "Miranda"rights makes any difference is if you are trying to suppress a coerced confession or physical evidence that was unlawfully seized.

Thomas Ogas · Answer

You dont have to have your rights read, period.  The law doesnt require it.  The law states that if police want to use statements against you in court, they must first read you your rights, so you know better than to say anything.

Mark Cogan · Answer

Police are required to inform a suspect under arrest of Miranda rights if they seek to question the suspect. If the rights are not administered, the suspect's statements might be suppressed.

Jeff Yeh · Answer

Rights don't have to be read to you until "after" you are arrested, and "only" if you are questioned further. Note the 2 "big" qualifiers.

Terry Nelson · Answer

Only if questioned after arrest in order to obtain info or confession, at which point you are supposed to exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney.

Robert Driessen · Answer

You are only given your rights if you are in custody and being interrogated. If they never tested you for drugs it will be difficult for them to prove the 11550.

Edward Blum · Answer

If they didn't read you your Miranda rights they can't use anything you said after being detained against you.  The problem is for public intoxication the officer's observations and physical evidence will be sufficient to obtain a conviction.  Your statements are probably not necessary to the people's case.

Stephen Freeborn · Answer

You only need to be read your rights if a an officer is going to try and get information from you.  It would however be interesting to see the police reports.  I have been practicing for 28 years and many defendants have told me that they were  not read their rights, only to find out that they were and that they signed to that effect, but that they were too intoxicated to remember.  You need to consult with an attorney who will be able to get access to the police reports.

Eric Schurman · Answer

Only if the police question you after you're arrested.   There is no  requirement that your rights be read to you otherwise

Jonathan Willett · Answer

Officers do not need to read you Miranda rights to arrest you.  They only have to read your rights if they want to have you give a statement.

Eric Sterkenburg · Answer

You only need your rights read to you if you are being questioned about the alleged crime. This is the same for felony and misdemeanor.

Carina Laguzzi · Answer

Your rights should be read when you are arrested. However, technically, this is not necessary unless the police questioned you about the incident for which you were arrested.  Talk to an attorney if you said anything to the police to see if a motion to suppress is warranted.

Michael Morgan · Answer

The same Miranda rules apply for felonies and misdemeanorsbut the normal remedy for a failure to properly give your Miranda warnings is a suppression of any statements you made after you should have been given Miranda..

Michael J. Breczinski · Answer

They only have to read your "Miranda" if you are under arrest and they want to question you about a matter in which you are a suspect and might incriminate yourself.

Timothy Klisz · Answer

No. Unless you made statements against your interest.

Jared Austin · Answer

Your Miranda Rights are not dependent on whether the crime is a felony or misdemeanor. Contrary to public belief, the police do not have to read you your rights every time you are arrested. They only have to read you your rights if they wish to interrogate you with incriminating questions while in police custody. Even if there was a Miranda violation, it would only serve to suppress any incriminating statements that you made or any evidence obtained as a result of those statements. A Miranda violation in no way effects the validity of the arrest. Television and movies are largely responsible for the public misconception on Miranda. Hope this clarifies things a bit.

Gary Moore · Answer

The right to remain silent is supposed to be read to you before you are questioned. If they are not read your statements might be disallowed as evidence at your trial.

Terry W. Rose · Answer

If you are going to be interrogated and in custody, your Miranda warning must be read to you before the interrogation.

Joseph Dane · Answer

The Miranda rights only matter if you're in custody and are being interrogated.  Just because you're arrested doesn't mean they automatically have to read you your rights.  It's a common misconception from TV and the movies that once the cuffs go on, they start reading you your rights. Unfortunately, the case can still go forward.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Do I have to have my rights read to me for a misdemeanor?

31 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer