QUESTION
If I was arrested, charged, and booked in Charleston, SC but never was read my rights, would the case get thrown out?
Asked on Apr 22nd, 2013 on Criminal Law - South Carolina
More details to this question:
Arrested, charged, and booked for d.u.s first, false info, and use of another license.
2 ANSWERS
Criminal Law Attorney serving Charleston, SC
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Sahn Law Firm
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Not being read your Miranda rights would most likely not get the case dismissed. What it could mean is that anything you said could not be used against you in court. Please contact an experienced criminal defense attorney for more details.
Answered on Apr 24th, 2013 at 9:49 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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NO. The case will not be thrown out. However, any statement you made once you were in custody can be suppressed and not used against you. However, the breath test results and your performance of the field sobriety tests can be used at your trial.
Answered on Apr 24th, 2013 at 8:04 PM