Miranda Rights read at Interview?

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carmen299

Registered Users (C)
I am writing this on behalf of my husband. He had his Citizenship interview today. He passed the civics part 100%. When they were going over his application and forms the interviewer asked my husband about something that came up on his criminal record that was not disclosed on his application. My husband was not aware that he had not included that instance on his application since the certified criminal record we received was confusing. My husband explained to the interviewer that not including that was accidental and not an attempt to hide the truth. At that time, the interviewer read him his miranda rights:eek:! and made him write an explanation why that information was not originally disclosed, and it was signed by both him, the interviewer and a witness. I have searched all over the internet and have not read about anything like this:confused:.
Now my husband is literally sick with worry. What are the chances he will be denied citizenship? Is the whole Miranda Rights/explanation thing normal protocol? has anyone else gone through this and been APPROVED citizenship?
 
Can you provide additional details on your husband's situation? The basic issue, when it took place, how he might have plead etc.

I am not sure how anyone would 'accidentally' forget to list this type of information regardless of how confusing the certified court disposition may be which is why more information is needed.

Did you hire an attorney to explain to you what the court records meant before you filed?
 
carmen299 said:
When they were going over his application and forms the interviewer asked my husband about something that came up on his criminal record that was not disclosed on his application.
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Is this undisclosed incidence still outstanding? That is your husband can still get arrested for it because it was never caught and it is still within statute of limitation for the government to prosecute? If not, then everything can only about perjury.

I think miranda right is only read when arrest is made and it does not seem
your husband was arrested on teh spot of interview
 
You sure it was Miranda right and not requirement to swear to tell the truth and nothing but the truth?
 
wong561hb said:
I am not sure how anyone would 'accidentally' forget to list this type of information regardless of how confusing the certified court disposition may be which is why more information is needed.
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I don't know if the case is the OP's husband hide the whole incident or disclosed it but not answer all question 16-21 correctly. If the former is
the case, it is hard to understand because those questions covered all
aspect of a criminal case. If the later is the case (that is you have been
arrested charged and sentencedf but you only answer Yes to the arrest and charge question but not to the senetnce question). It could be that sentence
was suspended and one thought he was not sentenced.
 
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Bobsmyth said:
You sure it was Miranda right and not requirement to swear to tell the truth and nothing but the truth?
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It does not make sense to tell a person's miranda rights and then make him write a letter of explanation (It is like "You have the right to remian silent
and now you must speak"). Or as long as one wite a letter silently he still remain silent
 
Ok I don't know much about Miranda rights except what I see on Law and Order!:D

But usually it goes something like-"You have the right to remain silent, You have the right to an attorney, if you can't afford one, one will be provided toyou" etc.. and usually they slap the cuffs on the guy before?

Are you sure that is what they said or maybe he just redminstered the oath again ??
 
So, what was the reason for not disclosing the incident? Is it that it was expunged or dismissed, and he thought that expungement or dismissal means he can omit it from the application?
 
tnwalker said:
Ok I don't know much about Miranda rights except what I see on Law and Order!:D

But usually it goes something like-"You have the right to remain silent, You have the right to an attorney, if you can't afford one, one will be provided toyou" etc.. and usually they slap the cuffs on the guy before?

Are you sure that is what they said or maybe he just redminstered the oath again ??
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The first sentence of Miranda warning is "You are under arrest". I don't think the IO has the right to arrest anyone.

If it is readmisnitrating the oath, the IO probably did the applicant a big favor
by giving a second chance to tell the truth
 
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