QUESTION
What happens if there is a paraphernalia charge but no Miranda rights given?
Asked on Apr 19th, 2013 on Criminal Law - California
More details to this question:
Well I was having a party and the cops showed up a peace officer one of the guys at the party answered my door the cop asked who live there I said it’s my place (apartment) he asked for my I.D apparently I was too close and he shoved me then said do you not understand me then I said I was just giving you my I.D officer then he asked it smells of weed who’s smoking I said I was then he asked me to step outside and put me in cuffs (did not read me my rights) then told everyone to leave now! after everyone left he asked me where the weed was I said I didn't have any since it was someone else’s at my party, and asked me well what do you have so I said just my pipes I showed the 2 officers where my stuff was at after they took all what I had they brought me down to the station. Are my Miranda rights required in this scenario? What should I do this is my first offense?
6 ANSWERS
Police do not have to read you your Miranda rights unless they want to interrogate you while in police custody and use that testimony at trial. You need to hire a criminal defense attorney as soon as possible to represent you.
Answered on Apr 23rd, 2013 at 3:26 PM
Michael J. Breczinski
After you were in cuffs then they should have read you Miranda. That would be my opinion.
Answered on Apr 23rd, 2013 at 2:26 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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IF you were in custody, were not given your Miranda rights, and then made a statement to the police, then your lawyer could have your custodial statement suppressed at trial. Provided that the police had probable cause for the arrest, the fact that you were not mirandized does not affect the legality of the arrest.
Answered on Apr 23rd, 2013 at 1:43 AM
Law enforcement need only read you your Miranda rights before questioning you. Arresting you without reading you your rights is allowable. Did this happen in WA where "weed" is now legal?
Answered on Apr 23rd, 2013 at 1:41 AM
Miranda only has to be read after you are arrested (ie. cuffed), and only if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. You need to hire a lawyer.
Answered on Apr 23rd, 2013 at 1:05 AM
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. Regarding your last question as to what you should do. Hire an attorney.
Answered on Apr 23rd, 2013 at 12:32 AM