Not Read MIRANDA

My son was arrested a few days ago. I just talked to him and he says that they questioned him extensively and did not read him his rights. He is confused and needs an attorney and I need advise.

Miranda Rights require police to advise those in custody of their rights before being interrogated. The rights include:

The Right to Remain Silent
The Right to an Attorney and
If one cannot afford an Attorney the right to have one appointed.

The police in your situation would have been required to read your son his rights prior to interrogating him. If they did not do this they are in violation and whatever your son said during the interrogation may be thrown out.

After you've been informed you were under arrest from the cops, is there a time limit as to when they are supposed to read you your Miranda rights? Are'nt they supposed to read them to you before they transport you anywhere? Are they wrongfully issued if you are arrested, say, in the city of Chino, placed in the back of their police vehicle and transported to say, Rancho Cucamonga to the County Jail, and then read them off right before being put in a holding cell for placement? The time frame being that you were informed you were under arrest in said Chino, then several hours later after being transported to final said location of county jail in a different city, your rights were read to you? Anyone?

Miranda is required to be read prior to custodial interrogation. Did they interrogate you prior to reading you your rights i.e. ask you questions etc.?

This article explains what happens if you are not read your rights: Miranda Lawyer

Miranda warnings are required to be given before there is any type of custodial interrogation. These two words break down thusly: custodial - a person is in police custody when an objectively reasonable person in the same situation does not feel free to leave; interrogation - is a statement by the police designed to elicit a response.

So, your Miranda rights are triggered whenever you are in custody and subject to interrogation. If your son was not read his Miranda rights after he was arrested and before he was questioned, then that would be a violation of his rights. However, if your son merely started talking without the police doing anything, then this is a different story.

Also, make sure that your son did not waive his Miranda rights after he was read them. Often, police have a form that inform a detainee of their Miranda rights and has a place for a signature at the bottom. When a person signs this form, the police are free to ask questions because it constituted a voluntary and intelligent waiver of Miranda rights. You should probably make sure your son did not sign such a waiver.