QUESTION
Can the charges be dropped if my husband was arrested but not read his rights?
Asked on Oct 18th, 2012 on DUI/DWI - Michigan
More details to this question:
First, the officer never turned his lights on and just pulled in our driveway behind my husband. I don't think he can pull him over on private property? Than when the officer has him the breath test, my husband accidentally got spit in the plastic tube. The officer said "you spit in my machine you are under arrest" he then cuffed him and put him in the back seat. The officer did not read him his rights or tell him why he was under arrest can his charges be dropped?
10 ANSWERS
William C. Gosnell
No.
Answered on May 21st, 2013 at 2:17 AM
Bankruptcy Attorney serving Federal Way, WA
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No.
Answered on May 21st, 2013 at 2:02 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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The charges do not get dropped simply because the officer failed to read him his miranda rights. It may be possible to get any damaging statements made after arrest suppressed. And there may be other ways for your defense attorney to get the charges dismissed or reduced. You should speak to a criminal defense attorney in your area to discuss further.
Answered on Oct 23rd, 2012 at 3:17 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. In addition, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's arrest. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Oct 23rd, 2012 at 3:16 PM
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The charges against your husband are unlikely to be dropped for what you described. It is not improper for a police officer to pull you over on private property. Nor do police officers have to read you your rights if they do not intend to interrogate the suspect. It sounds like your husband will need a good attorney to help him with his case. There may be issues with suppression to help him get a favorable outcome.
Answered on Oct 23rd, 2012 at 12:28 AM
Unlikely. A person only has to be read his rights after he is cuffed, and only if they intend on interrogating him after arrest. Most cops are trained to get what they need out of the suspect's mouth prior to arrest, so Miranda simply doesn't apply.
Answered on Oct 23rd, 2012 at 12:13 AM
Gary Moore
Spit in the tube is not so unusual. I do not believe he committed any offense.
Answered on Oct 19th, 2012 at 4:37 PM
Michael J. Breczinski
If you are arrested you only have to be read your rights if after arrest they want to question you about a crime and the answers may incriminate you. If they just arrest you and take you to jail, then they do not have to read you your rights.
Answered on Oct 19th, 2012 at 4:37 PM
Steven D. Dunnings
No. Reading of rights has nothing to do with the validity of an arrest, only the validity of a confession.
Answered on Oct 19th, 2012 at 4:36 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Answered on Oct 19th, 2012 at 4:36 PM