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OfflineRandolph_Carter
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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.... :confused:


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"..all those molecules thrashing their kinky little tails, hot for destiny and the street."  Gibson


Nuke baby seals for Jesus!

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Invisiblespock
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.

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Offlinediscoabe
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.

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InvisibleLe_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
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.... :crazy:

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Offlinediscoabe
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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.

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OfflineHarveyWalbanger
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Registered: 06/24/02
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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

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OfflineRandolph_Carter
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Posts: 29,281
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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.)

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Invisiblepoke smot!
floccinocci floofinator
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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


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OfflineMrBump
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Registered: 10/01/02
Posts: 4,263
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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?

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Offlinediscoabe
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Registered: 03/26/04
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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.

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OfflineRandolph_Carter
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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.)

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OfflineMrBump
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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?

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OfflineRandolph_Carter
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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.)

Extras: Filter Print Post Top
OfflineMrBump
Third prize is you're fired
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Registered: 10/01/02
Posts: 4,263
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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?

Extras: Filter Print Post Top
OfflineRandolph_Carter
НơĻ?ĢΉō

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.)

Extras: Filter Print Post Top
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