# A question on Miranda

**URL:** <https://boards.straightdope.com/t/a-question-on-miranda/503388>\
**Category:** Factual Questions\
**Created:** [July 17, 2009, 10:42pm UTC](https://boards.straightdope.com/t/a-question-on-miranda/503388 "2009-07-17T22:42:10Z")\
**Posts on this page:** 4\
**Page:** 2

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**Author:** ![Saltire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saltire/32/553_2.png) [@Saltire](https://boards.straightdope.com/u/Saltire)\
**Post date:** [July 20, 2009, 4:58pm UTC](https://boards.straightdope.com/t/a-question-on-miranda/503388/21 "2009-07-20T16:58:51Z")

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> [@Canadjun](#):
>
> If I remember correctly, on the TV programs where I have heard the Miranda stuff recited, the last thing said is something to the effect “do you understand these rights”? What if the person in question says “No” (and continues to say “No” if the spiel is repeated)?

I guess that’s basically the same as exercising his right to remain silent. Would the police assume, in absence of a direct statement, that this guy should be assigned a public defender?

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**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\
**Post date:** [July 20, 2009, 6:48pm UTC](https://boards.straightdope.com/t/a-question-on-miranda/503388/22 "2009-07-20T18:48:02Z")

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> [@Saltire](#):
>
> I guess that’s basically the same as exercising his right to remain silent. Would the police assume, in absence of a direct statement, that this guy should be assigned a public defender?

Police don’t generally make a decision about whether a PD would be appointed. That’s decided by a court, during the arraignment process, at least in my state.

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**Author:** ![BigBertha](https://avatars.discourse-cdn.com/v4/letter/b/d78d45/32.png) [@BigBertha](https://boards.straightdope.com/u/BigBertha)\
**Post date:** [July 20, 2009, 7:07pm UTC](https://boards.straightdope.com/t/a-question-on-miranda/503388/23 "2009-07-20T19:07:13Z")

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I was arrested on a misdemeanor once and was not read any rights.

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [July 20, 2009, 7:08pm UTC](https://boards.straightdope.com/t/a-question-on-miranda/503388/24 "2009-07-20T19:08:37Z")

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Ignatius Indigent is arrested. During the arrest, the police do not read him his Miranda rights, or make any attempt to interrogate him. While he is in jail, the police place him in a lineup. In addition, several days _after_ he is arrested but _before_ he receives a bail hearing (or arraignment), a witness who would have made exonerating statements leaves for vacation to Antarctica.

At his bail hearing, the judge learns of his indigent status, and assigns him a public defender. The PD learns of several mistakes the police made while he was in custody that would have freed Ignatius to secure evidence of his alibi. Now, the evidence has been lost. Furthermore, the PD is unable to contact the witness.

What arguments can the PD make regarding the police’s failure to tell Ignatius that he had a right to an attorney?

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