QUESTION
Can my case be dismissed because I was they failed to read to me my rights?
Asked on Jul 08th, 2016 on Criminal Law - Michigan
More details to this question:
I was arrested at the airport for carrying a taser on a plane. I didn't realize that I even had it. I was handcuffed, mug shot taken & placed in a cell. I was never read my rights. I was questioned & asked to write a statement detailing the events that led to my arrest. I now have an arraignment.
3 ANSWERS
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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The reading of rights is required only for custodial questioning. If you are not in custody at the time of the questioning, no rights need to be read. If they were supposed to read rights but did not do so, the only remedy is to suppress from evidence your statement to police. If they have other evidence beyond your statement to police the prosecution against you can continue.
Answered on Aug 15th, 2016 at 6:02 AM
Case may not be dismissed but if you were question & made a written statement without proper Miranda it is possible your admissions and/or statement could be excluded from evidence during a trial but any evidence obtained outside of your statements after arrest may still be used against you. E.G. the eyewitness testimony of the TSA agent who found the weapon.
Answered on Aug 08th, 2016 at 10:56 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, that only matters for statements made after arrest. You need an attorney on board ASAP to avoid criminal record consequences.
Answered on Aug 08th, 2016 at 10:56 AM