Skip to content

Call me confidentially at 1-888-

Q:     I was arrested for resisting arrest without violence but at no point was I ever read my miranda rights even after I was in jail. They took me out to car said I… Scroll down to read more!

Q:     I was arrested for resisting arrest without violence but at no point was I ever read my miranda rights even after I was in jail. They took me out to car said I wasnt being arrested kept me there for a long time. I asked over and over if I was being arrested they stated no. Finally about 15 minutes later came out to car said I was being arrested on the resisting charge. I was brought to jail and at no point read my miranda rights.


A:     

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/i-was-arrested-for-resisting-arrest-without-violen-1760907.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Contributor Level 20

9 lawyers agreed with this answer

Debra Lynn Fein
Debra Lynn Fein
Elder Law Attorney – Fort Lauderdale, FL
Laurence K Nurmi
Laurence K Nurmi
Criminal Defense Attorney – Phoenix, AZ
Rixon Charles Rafter III
Rixon Charles Rafter III
Litigation Lawyer – Fairfax, VA
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Jeffrey J. Szczewski
Jeffrey J. Szczewski
Criminal Defense Attorney – Waukesha, WI
Gregory L. Olney II
Gregory L. Olney II
Criminal Defense Attorney – Saint Petersburg, FL
Keith Michael Petrochko
Keith Michael Petrochko
Speeding / Traffic Ticket Lawyer – Lake Mary, FL
Miguel Inda-Romero
Miguel Inda-Romero
Criminal Defense Attorney – Miami, FL

” href=”http://www.avvo.com/legal-answers/i-was-arrested-for-resisting-arrest-without-violen-1760907.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>9

Lawyers agree
Answered You only have to be read your Miranda Rights if the police intend to question / interrogate you while you are in custody. If they do not plan on asking you any FACT RELATED (caps intentional) questions then they do not have to read you your rights.

The police are free to ask you non-fact related questions while you are in custody (such as your name, date of birth, etcetera) without violating your rights, and the “remedy” (where they violate the rule and question you while in custody and without first advising you per Miranda) is that any statements that you make are inadmissible against you (the case does not get dismissed).

That said, you may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, but the best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

My advise: Locate an experienced Belleview area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”.

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.

12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
Phone: 1-888-742-7581|
Secondary phone: 305-381-8686
Email: sharky910@aol.com

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

Categories

Archives