QUESTION

Due to lack of being read his Miranda rights can the case be thrown out?

Asked on Mar 08th, 2014 on Criminal Law - New York
More details to this question:
The sheriffs showed up at my door step (in NYS) and told my husband that needed to speak with him outside, refused to come inside of our house after being graciously offered, and they never told him what the matter was about. Immediately once my husband stepped foot outside my husband was hand cuffed and got thrown in the back of the cop car and got arrested for petit larceny. My question is, my husband was never read his Miranda rights, not before or after they placed him in the car, not once he reached the detention center, not once placed in the cell, not on the car ride to the detention facility, not one point throughout the entire process. Also, he was cuffed so tightly that his wrists started to bleed and are quite chafed and when he told the officer this, they simply did not care. They also called him vulgar names and continued to use cuss words towards and in front of him while in their custody. The officer(s) threw his belongings on the ground, including an expensive coat and more importantly they wanted to try and cut off his white gold chain with his wedding band attached- rather than undo the clasp. My husband has been diagnosed with ADHD and was having an extremely difficult time sitting or standing still due to his condition and the officer threatened him many times that if he didn't sit down that the officer would enter the cell and force him to.
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1 ANSWER

Real Estate Attorney serving Garden City, NY at Law Offices of Hein, Waters and Klein
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No the case won't be thrown out. Miranda rights only has to do with the admissibility of statements made by a defendant and whether or not the prosecution can use statements at trial.
Answered on Mar 10th, 2014 at 7:56 PM

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