Miranda rights

Miranda rights are required only during custodial interrogation. There is no requirement of Miranda rights at the time of arrest. Second question is too vague to answer. They should probably identify themselves but failure to do so would not be a basis to attack the charge. Did they have an arrest warrant? Did they break into the house or knock? You should consult with a criminal defense attorney who can consider all of the facts.

Miranda rights only need to be read if you are in custody and interrogation. Custody and interrogation are terms of art. If you have a question concerning whether you were in custody or interrogated you should consult a criminal defense attorney.

There is a common misconception by the general public (fueled by Hollywood) that the police mus read someone their "Miranda" rights when they are arrested. This is not so. The police down have to say anything more than " you are under arrest." Miranda only applies if after you are in custody (meaning not free to leave - whether under arrest or not) the police wish to question you. Any questioning can only occur after you have been advised of your rights. Even then failure to be advised of your rights will not necessarily make the case go away. It is just that the answers you provided and any information obtain in violation of your rights would be suppressed by the court. You really should discuss this with an attorney.

Miranda is NOT required in every instance of arrest. In custody or "custodial" interrogations necessitate the warnings. . .and to be entirely frank, it has become increasingly difficult to argue, as most people are aware of their rights and/or aren't in custody and/or aren't being questioned for the purpose of obtaining inculpatory statements. As to the US Marshal, not certain if that was pursuant to a warrant or some other fact scenario. Normally the feds announce whom they are. In fact, they often wear navy blue jackets with large, bright yellow lettering that identify themselves when executing warrants. There are several EXCELLENT attorneys in the Charlotte area whom handle federal cases. Noel Tin is very, very good. So are attorneys Chris Fialko, Jamie Wyatt, Pete Anderson & Mike Greene. Either way, if the US Marshall is involved, an attorney needs to be involved. Seek out experienced legal counsel without delay. bill powers charlotte brevard & concord nc criminal traffic & dwi defense

Miranda rights would only make a difference as far as whether a confession or other statements would be admissible against him. Generally government agents will identify themselves, but depending on the circumstances, it may not be safe or practical for them to do so. It is unlikely, however, that a failure to announce would render his arrest invalid.