QUESTION
Who do I complain to if an arresting officer failed to read me my Miranda rights?
Asked on Sep 06th, 2011 on Criminal Law - New York
More details to this question:
I was arrested for criminal possession of marijuana in New York City (caught by plainclothes officers while smoking a joint with a small quantity of marijuana in my pocket). Officers failed to explain that I was being placed under arrest, did not read me my Miranda rights and forced me to spend a night in jail without knowing the charges against me or my constitutional right to an attorney.
2 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
Answered on Sep 12th, 2011 at 5:21 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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What you describe is what generally happens when you get caught red handed smoking a joint in public. It does not sound like the police did anything improper to you, however you are always free to make a civilian complaint.
Answered on Sep 09th, 2011 at 11:58 AM