QUESTION
Can I fight my criminal charge if I was not read my rights?
Asked on Oct 27th, 2011 on Criminal Law - New Jersey
More details to this question:
My Miranda rights were not said to me and I got arrested on my property. I was not intoxicated. They have seen my record so they arrested me the same night. I was in a different city. The cops there did not arrest me, but the ones by my house did.
28 ANSWERS
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Yes you can. Get an attorney and see what their analysis is to help you.
Answered on Jun 03rd, 2013 at 12:12 AM
Criminal Law Attorney serving Howell, MI
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No.
Answered on Jun 03rd, 2013 at 12:12 AM
Jacob P. Sartz
You always have a right to fight your case. You are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to council. I'd recommend you either exercise that right by retaining the council of your choice or request that the court appoint you an attorney at the public's expense. Speaking generally, "Miranda rights" issues are important if the prosecutor is intending to use confessional evidence against a defendant at trial. Miranda rights are an issue with "custodial interrogations;" i.e., when the police interrogate someone who is not free to leave (i.e., "in custody.) If the police did not follow proper protocol during a custodial interrogation, the defense may file a motion to suppress the alleged confession and request that the court bar the confession from being admitted at trial. I'd recommend you privately consult with an attorney if you need specific legal advice for your particular case.
Answered on Nov 04th, 2011 at 11:30 AM
Unfortunately, not having your Miranda rights read to you does not overturn your arrest, or bar the district attorney from prosecuting you for the crime charged. For the most part, the failure to be read your Miranda Rights precludes any evidence that was obtained during questioning from being admitted into evidence. If after you were arrested you did not make any statements to the police before being read your Miranda Rights, then there is nothing that can be precluded from being used against you. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without the suspect's statements. So it appears from your case that the cause for the arrest cannot be precluded based on a failure to be read your Miranda Rights.
Answered on Nov 03rd, 2011 at 12:17 AM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Miranda warnings are only required if the police officers interrogate you while you are in custody. If you were interrogated and were not read your rights, that may be grounds to suppress any statements you made (i.e., keep them out of evidence).
Answered on Nov 01st, 2011 at 10:00 PM
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Cynthia Henley
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Miranda rights only come into play if a person is interrogated while in the custody of police. If this happens, thenany inculpatorystatements are subject to being suppressed but that does not mean the case gets dismissed. You need a lawyer, though. Sounds like a defensible case.
Answered on Oct 31st, 2011 at 2:58 PM
Miranda rights have no bearing on your arrest, only to the admissibility of statements you make. If you were not read your rights, any statements you made can be suppressed under certain circumstances. Criminal charges can often be proven without your statements.
Answered on Oct 31st, 2011 at 2:30 PM
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I really can't tell what happened as your version of the facts are very jumbled. However, I can tell you that contrary to popular belief, the police do not have to read you your Miranda rights in every situation nor does a Miranda violation constitute an automatic dismissal of the charges. To trigger Miranda warnings, you must be in police custody and they must be interrogating you or asking you potentially incriminating questions. That is determined on a case-by-case basis. If there is a Miranda violation, that only affects the admissibility of statements and possibly evidence that was obtained from those statements that would have not been otherwise discoverable. Miranda violations never affect the validity of the arrest, just the admissibility of the statements given in violation of Miranda. You will need an attorney to thoroughly review the record and police reports to determine if there was a Miranda violation. If so, he could file a suppression motion to keep these statements out and any evidence they found as a result of those statements. However, the police may have enough to proceed against you without the statements.
Answered on Oct 28th, 2011 at 2:45 PM
The reading of Miranda rights is only required if the police are going to question you and you are the focus of the investigation. An arrest without questioning does not require a reading of rights.
Answered on Oct 28th, 2011 at 12:34 PM
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What where you arrested for? If they did not read your miranda rights to you, it may be possible to suppress statements you made that they could try to use against you.
Answered on Oct 28th, 2011 at 12:32 PM
The fact that a Miranda waiver was not given may effect your case but only an attorney who has reviewed the case can determine what if any motions should be filed.
Answered on Oct 28th, 2011 at 12:30 PM
Geoffrey MacLaren Yaryan
Miranda rights only apply to individuals who are arrested or are in custody. Failure to give them under those circumstances means any statements made may not be use against you in court. It doesn't mean the case will be dismissed unless the statements are necessary to prove the people's case.
Answered on Oct 28th, 2011 at 12:07 PM
Miranda is only required if the police/prosecutors want to use your statements in court. If they don't use your statements they don't need to read you your Miranda rights.
Answered on Oct 27th, 2011 at 11:15 PM
Criminal Defense Attorney serving Montrose, NY
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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 Oct 27th, 2011 at 10:44 PM
Criminal Law Attorney serving Los Angeles, CA
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If there is a valid Miranda violation, the remedy would be suppressing your statements and any evidence discovered as a result. The only way to truly evaluate a Miranda violation is to review all the evidence against your and the circumstances surrounding your arrest and investigation. I hope this answer was helpful.
Answered on Oct 27th, 2011 at 9:25 PM
Michael J. Breczinski
They only have to read you your rights if you are under arrest and they want to question you about matters where you could incriminate yourself.
Answered on Oct 27th, 2011 at 9:02 PM
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Just because you're arrested doesn't mean you have to be read your rights. It's only if you're in custody (arrested) and being interrogated. If they were required to read you your rights before questioning and didn't, it doesn't necessarily invalidate the entire case, but any statement you made may be thrown out. If they still have enough to prosecute without your statement, the case can go forward. Discuss all the details with your attorney... they can advise you about any Miranda (or other) issues in your case.
Answered on Oct 27th, 2011 at 8:58 PM
Miranda does not have to be read until someone has already been "arrested." Cops are trained to get what they need from you "prior" to arrest. Prior to arrest, everything is considered consensual, and you speak at your own risk.
Answered on Oct 27th, 2011 at 8:54 PM
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You can always fight it, but you need a lawyer. Miranda rights are only read before interrogation. You need a skilled DWI trial attorney in your area asap.
Answered on Oct 27th, 2011 at 8:46 PM
Criminal Defense Attorney serving Santa Ana, CA
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Miranda is required before custodial interrogation. If they did not question you, they did not need to read you your rights. If they did a custodial interrogation and obtained statements, and if you were not read your rights or if some other Miranda violation occurred, there could be an issue. Your attorney could seek to suppress the incriminating statements at your trial and this could substantially help your defense. You should contact a lawyer to discuss the facts in greater detail; there could be other issues e.g. concerning the probable cause for the arrest. Was there an outstanding warrant? Were you on probation or parole? An attorney can analyze the case in detail once you provide the additional facts.
Answered on Oct 27th, 2011 at 7:47 PM
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You're all over the place with your "question detail". Certainly you can fight your case, whether or not you have been read your Miranda rights. People have the misconception than an arresting officer HAS to read a person their rights. This is not necessarily the case. Miranda is only necessary if the officer wants to question you and try and gain information from you. Should an officer question you without Miranda, it does not necessarily mean that there is no case, it simply means that certain information obtained may be inadmissible in court. The inadmissibility of the evidence is what then determines the strength of the persons' case. Officers don't always arrest at the scene. They may let the person go, pending further investigation. Once the additional information is obtained to give the officers "probable cause" to make the arrest, they do so. I suggest that you consult with an attorney and review your case in detail. He/she can then determine your options.
Answered on Oct 27th, 2011 at 6:16 PM
Appellate Attorney serving University Place, WA
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Miranda Rights are used to suppress subsequent statements in some circumstances. It is not a simple area of law, your defense attorney will go over it with you at some point.
Answered on Oct 27th, 2011 at 6:15 PM
Transportation Attorney serving Mamaroneck, NY
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You can always fight your charges whether or not you were read your rights.
Answered on Oct 27th, 2011 at 4:21 PM
Miranda rights are not a get out of jail free card for a person that did not receive the warning when arrested. Not reading a person his rights only means that any statement that was made before the rights were read and any evidence that was discovered as a result of the statements may not be used in the states case in chief.
Answered on Oct 27th, 2011 at 4:18 PM
Criminal Defense Attorney serving Birmingham, AL
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Miranda rights really only apply to your statements in response to law enforcement interrogation. If your rights weren't explained to you, then they can't use your responses to their interrogation as evidence. It's not quite the death stroke that it's often believed to be.
Answered on Oct 27th, 2011 at 4:16 PM
Samuel H. Harrison
No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. 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. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.
Answered on Oct 27th, 2011 at 3:17 PM
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Your question and details don't really make sense. An officer is allowed to conduct an investigation. What most people don't understand is that all of those preliminary questions, DO NOT need to be answered. If you know your Miranda rights, why would you not exercise them? You need to meet with an attorney in person, and discuss the details of your case, in order to get a better idea of what can be done in your case.
Answered on Oct 27th, 2011 at 2:29 PM
Gary Moore
You can fight the charges against you, based on police misconduct. You need a lawyer to do this. Additoinally, it is difficult to give you complete and accurate advice, based on the sketchy fact pattern which you have provided.
Answered on Oct 27th, 2011 at 2:28 PM