Q: How do I prove that I was not properly mirandized? I got pulled over last night for driving under the influence of alcohol, when they officer placed me under arrest he did not mirandize me. How do I prove this? What if I’m wrong and was just so panicked I didn’t hear it?
A: Police don’t have to read Miranda warnings to you when they arrest you. Miranda warnings are only required to be read if the police interrogate you. If the police took you to the station and then began questioning you, Miranda rights need to be given. The police can handcuff you, arrest you and jail you without Miranda rights being read to you. If you have been arrested, I suggest that you speak to an attorney before your Preliminary Hearing.