can a person be questioned by the prosecutor in a welfare office about an alleged molestation just before getting back home to be arrested without reading them their rights before being questioned and during the arrest and have the statement be used in court

It seems the law can do as it will. How can you prove your miranda rights were violated? Thats the problem. My daughter was arrested in my in front of me at the age of 13 and she did not get her rights read to her before they threw handcuffs on her and put her in a patrol car. They then let her sit for about 10 min. as they waited for her to "break" and tell the "truth". Told me they'd release her with no charges if she fessed up to theft of a cell phone as long as she admitted it before 10 min. . After 10 min. they told me that since she had not confessed they were taking here to the juvinile center. After being there 2 days she still did not confess and maintains that she is innocent even after she was offered a real easy plea deal. The cops just think they can break anyone into a confession and use every method to get one. Then even if you say nothing they use that against you as well. Best bet is to do no talking ever to the police and never plea to crap you did not do. Heck these days you don't even have to do anything to get into trouble with the police. Good luck!

Officers ARE allowed to ask questions in the course of investigation. Despite what you see on TV, Miranda only applies under condition of custodial questioning. The key here is IN CUSTODY, which could be in the case of formal arrest, or in situations where a reasonable person would believe that they were being detained and NOT free to leave.

The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.

If the Miranda warning is not given before questioning, if doesn't mean they throw out your case - it only means that statements by the suspect generally are inadmissible at trial. However, police can arrest you and never ask you a single thing - they only need probable cause even if you never make a peep. And if they have a strong enough case, you can be conviced even IF all the statements you made were thrown out.

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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

I agree with aardvark. Feel free to discuss this issue with the public defender or any attorney hired to represent your daughter.

When questioned by anyone of authority, I usually like to say that I am not a trained attorney therefore I don’t understand what they are saying to me and can not make a legal determination about what they are asking without assistance of counsel !!!