When you are arrested in Alabama by a deputy, do they have to read you your rights?
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When you are arrested in Alabama by a deputy, do they have to read you your rights?
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A friend was picked up on a misdemeaner charge, was taken to the jail, and processed, and released on a signature bond. He was never read his rights, or actually told anything about the process. He was handed his release papers with no court date. Who can I call, or what website can I go to that will tell me the proper steps that should have been taken, or what steps he can take against this? Additional Details ok let me also add, that I was there when he was arrested and walked over to the jail. At no time was he ever read his rights.
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trooper3316
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First of all, Miranda v. Arizona is a US Supreme Court decision, so it is the same in every state.
Secondly, Miranda rights are not automatic. They are only required when both the following exist:
1. You are in police custody and not free to leave and
2. You are being questioned about the crime you are in custody for.
As far as the actual arrest procedure, most of that is determined by department policy. That will vary. |
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B G
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No steps.......they don't have to read you your rights unless they ask you questions...... |
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ahsoasho2u2
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No.
The arrest can be made, your Miranda Warning, is only given, if you are under what is called Custodial Interrogation.
In all felony cases, the miranda warning is given just incase the suspect wants to talk all the way down town in the squad car.
The Supreme Court just recently reviewed the necessity of Miranda saying that everybody knows their rights today. |
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Outlaw Immortal
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I don't think they have to. I've never been read my rights, so I'm guessing not. I think they have to be questioning/interrogating you. |
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D J Motorcop
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You can prove you were hit , you can prove that your car was towed. But you can not prove that you were not read your rights. You can not prove a negative an omission unless the Deputy states gee I did not read those rights. a lot of people are chemically altered when we deal with them and do not remember half of what took place. |
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older
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your rights have to be read to you. call the attorney general as to how to proceede. they are listed in fone book under state government offices. there is a seperate section titled "government offices" |
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cindylou
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Yes they are supposed to BUT, how are you going to prove it. They do this all the time. One cop will simply say he heard the other one read him his rights. The courts will always believe the cops over one "criminal". Now if he has witnesses, then that is different. |
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Venus V
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yes all government officials have to do that
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