I was asked to go to police station to answer ?s about alleged misdemeanor. ?s were asked & no rights read...

Question

Upon being questioned by the police (and threatened that they could put me in jail if I didn't cooperate) I ended up admitting to sending a couple of non-threatening and innocuous e-mails to my husband's former mistress. I was charged with a 2nd degree stalking misdemeanor. I have never even seen this person (other than her picture on a web site) and never followed nor threatened her.

The police did not read me my rights before or during questioning. I have an attorney and have plead "not guilty". Were the police required to read me rights before questioning?

Answer 1

If they invited you down, and you went voluntarily, probably not.

Miranda rights are only required when both of the following are present:

1. You are in custody and not free to leave

2. You are being questioned about the crime you are in custody for.

If they didn't arrest you until after you were questioned, Miranda would not be required, because #1 does not apply.

Answer 2

It is to late, but sorry to say that you messed up.