QUESTION
Is there a way to get charges dismissed if you were arrested in book and was never read your Miranda Rights?
Asked on Jan 13th, 2013 on Criminal Law - Georgia
More details to this question:
Charges are theft though it was not intentional. I had exchange items &it was taking forever so I thought it would b easier if I just did it on my own so I just traded them out for clothes that cost equal or less but out of the rest of my purchase I did switch a tag on a purse & sun glasses to get them cheaper but I had every intention of paying for everything! I just honestly forgot some of the stuff in the bottom of the cart that was hidden by some boxes. We had been there a long time so I was just tiring to get out of there & wasn’t paying attention.
10 ANSWERS
John J. Carney
No one is going to believe that story, certainly not a judge, prosecutor or jury. That is the type of story people tell their friends and family because they are embarrassed.It does not even make sense and if you switched tags you are guilty. Retain a good criminal lawyer and tell him the truth about what happened. If it is your first offense you will probably get an ACD dismissal and nit have a criminal record. The Miranda Rights do not have to be read unless you are being questioned while in custody. It is not a way to get out of a crime that you committed. You must make good decisions and consider the consequences of your actions in the future or you will not have a clean record and that will be a huge problem on job applications. Theft crimes are very serious and employers will not hire a person with that type of criminal record in most cases.
Answered on Mar 11th, 2013 at 8:11 PM
Geoffrey MacLaren Yaryan
Miranda rights only applied to the introduction of statements made against you in court. If after arrest no Miranda rights are given then any statements made must be excluded.
Answered on Jan 24th, 2013 at 10:35 AM
Thomas Edward Gates
You do not have a pray of prevailing.
Answered on Jan 16th, 2013 at 9:10 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Without more information I cannot give you a complete answer to your question. The Miranda Warning does not have to be read during every arrest. The Miranda Warning applies when you are both in custody (arrested) and subject to interrogation. The police can arrest you, decide to say nothing to you, and bring you for booking, in which case they do not need to read you the Miranda Warning. If the police try to elicit information from you while you are in custody, then your rights must be read first. You should consult with an attorney to go over the specific facts of your arrest and charges to determine what the best course of action is in your case. I hope that this helps.
Answered on Jan 16th, 2013 at 8:13 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Unless you were questioned after arrest absent being advised of your rights, it makes no difference.
Answered on Jan 15th, 2013 at 10:58 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you given inculpatory (guilty) statements in regards to the case in response to custodial interrogation, then those statements can be suppressed. That is the only thing that happens if the police do not read you your Miranda rights. If you did not have the intent to steal, then set the case for trial!? Hire a good lawyer and fight it!
Answered on Jan 15th, 2013 at 10:57 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Jan 15th, 2013 at 10:57 PM
Michael J. Breczinski
The do not have to read you Miranda except when AFTER you are arrested they want to sit you down an interrogate you. Get a lawyer.
Answered on Jan 15th, 2013 at 10:56 PM
Stop dreaming. Miranda only has to be read after you are cuffed, and only if a police officer interrogates you post-cuffing. Most cops are trained to get everything they need from your mouth prior to cuffing you, so Miranda simply does not apply. And just so you know, store employees (including security) are not police officers, so they NEVER have any obligation to read you your rights.
Answered on Jan 15th, 2013 at 10:55 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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This is one of the biggest misunderstandings in the law. The police only have to read you your rights if you are being questioned by police in their custody. Just because you arrested the police do not have to read you your rights. The charges won't be dismissed simply because they didn't read you your rights. If you made statements while being interrogated, those might be able to be suppressed but that wouldn't necessarily make the case go away.
Answered on Jan 15th, 2013 at 10:55 PM