QUESTION
Can my misdemeanor case be thrown out because my Miranda rights were not read to me?
Asked on Oct 25th, 2012 on Criminal Law - Michigan
More details to this question:
A twelve-year old boy was harassing my family so I grabbed him by the arm to walk him to his parent’s home to tell his parents what his was doing. I was arrested for battery for grabbing his arm leaving it with red marks. The police were called. They got the statements for his parents and a couple of witnesses. The officer then came to my apartment to arrest me. My wife was with me and he never read me my rights. He did ask what happened. I did tell him that I grabbed the boy’s arm.
13 ANSWERS
John J. Carney
You should not have tried to take matters into your own hands. You should have called the police to handle the matter. Your lawyer can claim that you were making a citizen's arrest or that you had a right to prevent him from injuring you, but the prosecutor will probably reduce it to a violation or give you an ACD dismissal.
Answered on Nov 02nd, 2012 at 10:30 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Yes, but not in the case here. The charge is not based on your 'confession' or statement about the matter...Miranda rights have to do with a statement one makes about the crime or incident. In all likelihood the testimony of the boy, the testimony of his parents, will be well enough to prove the case against you.
Answered on Oct 29th, 2012 at 3:25 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If they questioned you without a Miranda warning. You might be able to get your admissions thrown out.
Answered on Oct 28th, 2012 at 3:28 AM
You confessed. You should have told the cop you want an attorney present during questioning.
Answered on Oct 28th, 2012 at 3:25 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Miranda warnings are required if you're in custody (arrested) and being interrogated. If you gave a statement before you were arrested, Miranda may not apply. If they were supposed to give you your rights, but didn't, the remedy is that your statement is excluded, but if the prosecutor has enough evidence to proceed without your statement, the case can still go forward. Just not having your rights doesn't automatically invalidate the entire case. You need a lawyer.
Answered on Oct 27th, 2012 at 3:08 PM
You watch too many movies. Miranda only has to be read "after" you are cuffed, and "only" if they intend of interrogating you further at the station. Most cops are trained to get what they need from your mouth "prior" to cuffing you, so Miranda simply doesn't apply. You were, by the way, a complete fool to have given a statement. You sealed your own fate.
Answered on Oct 26th, 2012 at 4:55 PM
Leonard A. Kaanta
In Michigan, Miranda rights are given after an arrest.
Answered on Oct 26th, 2012 at 4:54 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Miranda rights only apply in very limited situations. They do not matter at all in most misdemeanor cases, but there are exceptions. Talk to an experienced, local attorney to figure out whether or not a possible Miranda violation could form the basis of a defense in your case.
Answered on Oct 26th, 2012 at 4:54 PM
1 Award
No, your case is unlikely to be dismissed for that reason. Miranda rights need to be read to you if, after you've been arrested, the police question you. If they fail to read you your rights, then anything you say cannot be used against you in court, but otherwise, nothing else happens. Depending on when you told the police that you grabbed the boys arm whether it was before you were arrested or after that could be thrown out, but the case can go forward with or without that piece of evidence.
Answered on Oct 26th, 2012 at 4:53 PM
Gary Moore
There seems to be a conflict between old fashioned community parenting and the criminal law. What you did seems reasonable to me. I do not believe that an assault occurred.
Answered on Oct 26th, 2012 at 4:52 PM
When the police officer arrests you, and does not read the Miranda rights it is possible to have your statements thrown out. However, there are other forms of evidence that will be admissible such as physical evidence, and the testimony of witnesses. An attorney should hold a Suppression Hearing when the Defendant has not be read Miranda rights.
Answered on Oct 26th, 2012 at 4:52 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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No. The police only have to read Miranda if the person is: a) in custody; and b) being questioned. The failure to read Miranda can lead to statements being suppressed but not dismissal of the case. I suggest you retain a good criminal defense lawyer. I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
Answered on Oct 26th, 2012 at 4:51 PM
Michael J. Breczinski
Not unless he had arrested you first. That is not enough for a battery charge. You took the boy back home because he was causing problems. He probably got the bruises from resisting. Get witnesses to his behavior and fight the matter.
Answered on Oct 26th, 2012 at 4:50 PM