Under the Miranda case and others, a police officer only has to read you your rights if you are custody before questioning you. This means that if you are not in custody, the police officer does not have to read you your rights. If a reasonable person believes that he is not free to leave the scene because of circumstantial evidence, then a police officer must read you your rights before questioning you.

An experienced attorney can examine alternate ways to serve time. Many of these may not include full-time incarceration.

Normally a person who is arrested is in such a nervous, excited “non-thinking” state of mind that they will do or say anything in the hopes of being released. The police may promise you anything to get you to confess or make a statement against your interest. Wait until your attorney is present to talk to the police. He/She will know what to do and say and will make any requests to have you released to the appropriate person.