I was arrested and never given my Miranda warnings. Is that legal?
YES. The law does not require that police officers give a defendant Miranda warning upon arrest. The only time that the warnings must be given is prior to a custodial interrogation. There has been much debate and litigation had over the meaning of the words "custodial" and "interrogation." There is no clear definition but in the simplest terms you are in custody if you are not free to leave and you are being interrogated if the question asked of you is intended to elicit an incriminating response. In other words, if the police should reasonably expect that the answer to the question they are asking you will lead to evidence of your guilt, you should be read your Miranda warnings first.
Labels: criminal defense, Miranda, warnings