QUESTION
Will the trespassing case be dismissed if my rights were not read to me?
Asked on Sep 23rd, 2012 on Criminal Law - New York
More details to this question:
I am kicked out of the Vancouver Mall. I was on the bus at the mall transit center and was asked to step off by security. I talked to them then left. I was stopped a couple miles up the road, was handcuffed searched, and taken back to the mall. I asked the officer if I was being arrested. I asked the officer if I could have the cuffs taken off and he said I was arrested but my rights were never read to me. I was questioned. I was also released to my parents. I am 16. Is it legal? What can I do about it?
11 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No.
Answered on May 22nd, 2013 at 2:03 AM
Steven D. Dunnings
No.
Answered on May 22nd, 2013 at 2:03 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 22nd, 2013 at 2:02 AM
Dennis P. Mikko
The fact that you were questioned without being advised of your rights could be the basis for asking the court to throw out anything you said when questioned. You should be represented by an attorney in this matter and if you and/or your parents cannot afford one, ask the court to appoint one for you.
Answered on Sep 27th, 2012 at 11:22 AM
Michael J. Breczinski
If they do not question you about the crime after being arrested they do not have to read you your rights.
Answered on Sep 27th, 2012 at 11:21 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know where Vancouver mall is located. California law says if you are questioned in custody and have not been informed of your rights you can get any statement made during questioning excluded from trial. It does not affect other evidence.
Answered on Sep 27th, 2012 at 11:20 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not necessarily. I do not know enough about the facts of your case.
Answered on Sep 27th, 2012 at 1:39 AM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Possibly, but only if the District Attorney needs statements that you made to the police while they interrogated you in their custody to convict you. Chances are any such statements do not exist or are not necessary. There is no requirement that the police read you your rights unless they wish to question you while you are in custody.
Answered on Sep 25th, 2012 at 1:51 PM
Stop dreaming. You watch too many movies. Cops are trained to bypass Miranda by asking all their questions prior to arrest, so Miranda doesn't even apply. And you were foolish enough to volunteer to talk.
Answered on Sep 25th, 2012 at 1:50 PM
If a person is in a custody situation before he can be interrogated about a crime the law enforcement officer is required by law to read that person his "rights". Not doing this does not make the arrest invalid and is not a get out of jail free card. The remedy for this oversight by the law enforcement officer is to exclude the statements and any evidence obtained because of the statements from the prosecution?s case. However the statements and the evidence can still be used to rebut testimony by the defendant.B
Answered on Sep 25th, 2012 at 1:50 PM
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 25th, 2012 at 1:49 PM