Would not being read my rights help my case in court?

Question

I was charged with possession with intent. I was interrogated for an hour and I never had my rights read to me. I was wondering if that would help my case.

Steven D. Dunnings · Answer

Did you confess to the crime? Were you under arrest during the interrogation?

Jeffery Cojocar · Answer

It could depending on the circumstances and evidence.

Roianne Houlton Conner · Answer

If you gave any information that incriminated you then yes.

Ernest Biando · Answer

Depends-Miranda rights are only when you are in custody-so if you were not in custody then not likely.

Jacob P. Sartz · Answer

I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If  you cannot afford an attorney, the court may appoint you one at the  public's expense.  "Rights" refer to Miranda rights, or a person's right to council and right to remain silent if the police wish to question and interrogate them while they are in custody. This is a big issue when someone allegedly makes incriminating statements during an interrogation. If the procedures were not followed properly, there may be grounds to file a suppression motion. However, it depends on the circumstances.

Michael Nack · Answer

If the authorities intend to use any statements that you made while in   custody then they should have given you your rights and obtained a waiver of   those rights. But, they may already have enough evidence other than your   statements to have you convicted and sentenced. In any event, you need to hire   the best attorney you can afford.

Jared Austin · Answer

Possibly. Police are required to read you Miranda rights if you are in their custody and they wish to elicit potentially incriminating statements from you. A violation could result in any confessions or incriminating statements you made being suppressed or any physical evidence that was obtained as a result of the violation being suppressed as well. However, a Miranda violation will never affect the validity of the arrest itself. Retain an experienced criminal attorney or at least have one review the police report for any Miranda or other violations that could help your case.

Thomas Tomko · Answer

Thank you for your inquiry  It may help to keep out any admissions during an in custody interrogation.  Otherwise, it may not help at all  You should have your case facts reviewed by the attorney you hire.  I hope that this was helpful.

Eric Sterkenburg · Answer

Every criminal case is fact driven. As to whether not being read your rights has any effect on your case depends on certain facts. You need to contact an attorney for a consultation to find out what your options are.

Craig Elhart · Answer

The failure to read you your rights could allow for a motion to quash the evidence they received during the interrogation and anything obtained from that evidence.  You need to speak with an attorney about this.

Cynthia Henley · Answer

It could if you made inculpatory statements while being questioned in custody. The result of the failure to read you your rights is that your statements would be suppressed.

Robert Watkins · Answer

If you were in custody and not read Miranda, the remedy is to   suppress your statements. The State can go forward with any other   evidence they have.

Dennis Roberts · Answer

NO. Miranda rights are only useful if they were not read AND YOU MADE A  STATEMENT.Then you can keep the statement out. Otherwise it is worthless.

Jared Altman · Answer

Depends on whether during the interrogation you asked for a lawyer or were placed under arrest. Involuntary statements obtained from you in violation of your Miranda rights cannot be used against you. 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.

Michael J. Breczinski · Answer

Maybe. Were you free to go? What did you say? Were you promised anything these are all relevant questions. If you were in custody then maybe your attorney can get the statements suppressed. You need an attorney.

Steven Decker · Answer

The State must show when they are going to introduce a post-arrest statement that your Miranda Rights were given and then waived by the defendant who was in custody.  If they are not introducing any statements then their failure to advise is not relevant.

Samuel H. Harrison · Answer

This is situation where the police officer's failure to give a Miranda may be helpful to the defendant. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and (3) wants to question that person. No questioning = no warning necessary. Not in custody= no Warning. Ifyou were held in custody and questioned for an hour withoutbeing given aMirandawarning, your in-custody  statements may not be admissible as evidence. However, if there is enough evidence to convict you without the statement, you can still be prosecuted and sent to jail.

Jason Overton · Answer

Possibly.  You need to hire an attorney.  If your Miranda rights were not read to you before interrogation, the State may not be able to use your responses to interrogation against you.

Matthew Murillo · Answer

Not having your rights read to you may or may not be an issue.  More information would be needed in order to determine that.  That said, it seems like you know your rights if you're now questioning the fact that they weren't read.

Daniel Kieth Martin · Answer

It could. If you can establish that you did not waive your Miranda rights then the answers you gave in response to their questions cannot be admitted in the prosecution's case in chief. That means that if you take the stand and testify to something different than what the officer claims you said, then the officer's version of your statement can come in. A criminal defense attorney can fully explain the use of Miranda defective statements.

Jason Savela · Answer

If the facts are as you say, you have a chance to have any statements you made excluded from trial unless you testify.  Were you in custody? (in cuffs, in jail)  Miranda rights are to protect people in custody from the pressures associated with interrogation.

Riana Durrett · Answer

If your "miranda rights" were violated, then it would be helfpul to your defense if you were able to suppress the evidence that was uncovered as a result of the interrogation. Evidence can include damaging statements. From the limited facts provided, it appears there are grounds to consider the issue of miranda rights in your case. Miranda rights protect the right to remain silent and the right to counsel; and typically are triggered when police engage in an in-custody interrogation. Whether or not you invoked your right to remain silent or to counsel will be a factor in whether or not you will prevail on this issue, among other factors.

Theodore W. Robinson · Answer

It depends upon whether you gave the police a statement or not. If you did,  then it would help. If not, then no. You have a serious charge against you.  You need to hire an attorney as soon as possible to protect your rights.

Mark R. Thiessen · Answer

They only need to Mirandize you if they interrogate you.  So, in your case, any admission or results of formal interrogation should be suppressed.  That would probably help tremendously.

Jeff Yeh · Answer

Yes it could. If you were not read your Miranda rights prior to the interrogation, then the entire statement you made should not be admissible. But remember that Miranda only kicks in "after" arrest. So if you were not arrested yet, and it was just a consensual discussion, then Miranda would not apply. Cops are very skilled in talking to you as much as possible "prior" to the actual arrest.

Michael Palumbo · Answer

A competent law firm such as ours would know how to evaluate your case for a suppression motion if you were not read your rights.

Carina Laguzzi · Answer

Perhaps, did you say anything incriminating during that hour?  If not, then it can be brought up as a point of police misconduct but if you didn't say anything then it may be a case of "no harm, no foul."  If you did say something incriminating then your attorney can opt to file a motion to suppress your statement (which can be an oral statement and is not necessarily written).  Hire an experienced criminal defense attorney and tell them, in detail, EVERYTHING that happened and was said.  I tell my client to write everything down like a journal entry so it will be fresh in your mind.

Jonathan Willett · Answer

If you were in custody when interrogated, that may permit a court to order your statement to be kept out of evidence.

Gary Moore · Answer

Not being read your Miranda rights is a basis for suppressing, not allowing the use of, your statements in the state's case. I believe that would be considerable help to your case.

Sheryl Graf · Answer

If you were in custody and interrogated without first having been read your Miranda rights, then a qualified criminal defense attorney may be able to get an order preventing the prosecutor from using information and evidence against you because it was obtained illegally.  This information is general and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.

Joseph Dane · Answer

Absolutely... at least potentially.  If you were "in custody" (formally arrested or the functional equivalent) and being interrogated, you must be read your Miranda rights or any resulting statement (and potentially any evidence derived from that interrogation) is subject to being suppressed.    If they are relying on your statement to prove intent to sell, then you could have a decent shot at beating the sales charge.    Of course, if they have other evidence independent from your statement, they can still proceed.  Discuss all this in person with your attorney.

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Would not being read my rights help my case in court?

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