|
Randolph_Carter
НơĻ?ĢΉōsŧ

Registered: 06/13/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 14 years, 2 days
|
Miranda rights on misdemeanor charges?
#2972213 - 08/06/04 02:04 PM (19 years, 9 months ago) |
|
|
Just a question....i'm guessing it will vary from jurisdiction to jurisdiction, but is an arresting officer required to read an individual their miranda rights on a misdemeanor arrest?
I've been under the impression that they only applied to felony arrests....
-------------------- "..all those molecules thrashing their kinky little tails, hot for destiny and the street." Gibson Nuke baby seals for Jesus! (This has been a +1 production.)
|
spock
journeyman
Registered: 08/26/03
Posts: 1,165
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2973926 - 08/06/04 10:29 PM (19 years, 9 months ago) |
|
|
i've never been read my miranda rights when getting arrested. but i do not know the answer.
|
discoabe
Stranger

Registered: 03/26/04
Posts: 674
Loc: Nevada
Last seen: 18 years, 8 months
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2974385 - 08/07/04 01:08 AM (19 years, 9 months ago) |
|
|
You don't even have to be read your rights when getting arrested, only if they are going to question you.
|
Le_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
|
Re: Miranda rights on misdemeanor charges? [Re: discoabe]
#2974712 - 08/07/04 04:43 AM (19 years, 9 months ago) |
|
|
No? I thought they had to read them before any arrest, felony or misdemeanor. Shows how much I know....
|
discoabe
Stranger

Registered: 03/26/04
Posts: 674
Loc: Nevada
Last seen: 18 years, 8 months
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2974815 - 08/07/04 06:51 AM (19 years, 9 months ago) |
|
|
Yep, on TV when you see cops reading people their rights and questioning them right then and there that's all for the camera. A lot of people will get arrested and not be read their rights and then they'll say
"they gotta let me off, i wasn't read my rights"
upon which you ask them "well did they ask you any questions?"
they respond "no"
well there ya go.
|
HarveyWalbanger
Demiurge


Registered: 06/24/02
Posts: 3,076
Loc: 8b
Last seen: 3 months, 13 days
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2974980 - 08/07/04 09:21 AM (19 years, 9 months ago) |
|
|
I think its assumed we can all recite our rights in this day and age
|
Randolph_Carter
НơĻ?ĢΉōsŧ

Registered: 06/13/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 14 years, 2 days
|
Re: Miranda rights on misdemeanor charges? [Re: HarveyWalbanger]
#2975523 - 08/07/04 01:50 PM (19 years, 9 months ago) |
|
|
Assumed, yes, but playing stupid is never a bad idea.
It was just a thought....i've NEVER been read my rights, either before questioning or after arrest....
-------------------- "..all those molecules thrashing their kinky little tails, hot for destiny and the street." Gibson Nuke baby seals for Jesus! (This has been a +1 production.)
|
poke smot!
floccinocci floofinator


Registered: 01/08/03
Posts: 5,248
|
Re: Miranda rights on misdemeanor charges? *DELETED* [Re: Randolph_Carter]
#2976221 - 08/07/04 05:48 PM (19 years, 9 months ago) |
|
|
Post deleted by poke smot!Reason for deletion: x
|
MrBump
Third prize is you're fired


Registered: 10/01/02
Posts: 4,263
Loc: Denver, Colorado
Last seen: 4 years, 10 months
|
Re: Miranda rights on misdemeanor charges? [Re: poke smot!]
#2979505 - 08/08/04 09:43 PM (19 years, 9 months ago) |
|
|
Miranda warnings apply ONLY to custodial interrogations.
Police are required to give an arrestee "Miranda" warnings where there is a custodial interrogation AND the interrogation is likely to elicit an incriminating response. Routine booking questions are allowed ( name, address, date of birth, soc sec #, etc). You were arrested (that's custody). If you were never interrogated, a reading of Miranda warnings was NOT required.
Miranda applies to adults AND juveniles who are arrested (whether charged for a felony or misdemeanor).
-------------------- If it weren't for the bloody corpses, I wouldn't have any corpses at all. There are two ways to get to the top of an oak tree: start climbing or sit on an acorn. Are you a carrot, an egg, or a coffee bean?
|
discoabe
Stranger

Registered: 03/26/04
Posts: 674
Loc: Nevada
Last seen: 18 years, 8 months
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2979769 - 08/08/04 11:07 PM (19 years, 9 months ago) |
|
|
I couldn't have said it better Thecornking.
|
Randolph_Carter
НơĻ?ĢΉōsŧ

Registered: 06/13/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 14 years, 2 days
|
Re: Miranda rights on misdemeanor charges? [Re: MrBump]
#2982113 - 08/09/04 02:48 PM (19 years, 9 months ago) |
|
|
Thanks for clearing that up for me.
-------------------- "..all those molecules thrashing their kinky little tails, hot for destiny and the street." Gibson Nuke baby seals for Jesus! (This has been a +1 production.)
|
MrBump
Third prize is you're fired


Registered: 10/01/02
Posts: 4,263
Loc: Denver, Colorado
Last seen: 4 years, 10 months
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2982496 - 08/09/04 04:09 PM (19 years, 9 months ago) |
|
|
glad to help you guys out, the media portrays law (especially criminal law) in very skewed manner. "Miranda" is such a buzz word in cop dramas like NYPD Blue, most people don't really understand what its for...
-------------------- If it weren't for the bloody corpses, I wouldn't have any corpses at all. There are two ways to get to the top of an oak tree: start climbing or sit on an acorn. Are you a carrot, an egg, or a coffee bean?
|
Randolph_Carter
НơĻ?ĢΉōsŧ

Registered: 06/13/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 14 years, 2 days
|
Re: Miranda rights on misdemeanor charges? [Re: MrBump]
#2982568 - 08/09/04 04:24 PM (19 years, 9 months ago) |
|
|
I knew it related to questioning, but i had heard some very disturbing things being bandied about involving it not being a requirement on misdemeanor charges....
I don't trust tv to do anything except entertain me....and most of the time, not even that.
-------------------- "..all those molecules thrashing their kinky little tails, hot for destiny and the street." Gibson Nuke baby seals for Jesus! (This has been a +1 production.)
|
MrBump
Third prize is you're fired


Registered: 10/01/02
Posts: 4,263
Loc: Denver, Colorado
Last seen: 4 years, 10 months
|
Re: Miranda rights on misdemeanor charges? [Re: Randolph_Carter]
#2982631 - 08/09/04 04:37 PM (19 years, 9 months ago) |
|
|
I understand...I wasnt specifically saying that you got your legal info from TV... I actually had a conversation today with a co-worker about how many of our clients have this strange way of looking at the justice system. I assume much "knowledge" comes from cop dramas and urban legends.
-------------------- If it weren't for the bloody corpses, I wouldn't have any corpses at all. There are two ways to get to the top of an oak tree: start climbing or sit on an acorn. Are you a carrot, an egg, or a coffee bean?
|
Randolph_Carter
НơĻ?ĢΉōsŧ

Registered: 06/13/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 14 years, 2 days
|
Re: Miranda rights on misdemeanor charges? [Re: MrBump]
#2982641 - 08/09/04 04:40 PM (19 years, 9 months ago) |
|
|
kinda makes you wonder who exactly is involved in the writing of those shows from a legal standpoint...
-------------------- "..all those molecules thrashing their kinky little tails, hot for destiny and the street." Gibson Nuke baby seals for Jesus! (This has been a +1 production.)
|
|