you would have to file a 'motion to suppress' the evidence based upon the failure to be given your 'miranda warnings'. you have the burden of proof. this is a difficult burden because the police will testiffy that they read you your miranda rights. do you have a criminak record ? have you had a previous 'conditional discharge' ? ed dimon, esq.
Answered on Mar 04th, 2013 at 3:04 PM