QUESTION

If I was arrested for doing 20 over the speed limit and the Miranda rights weren't read to me, what can I do?

Asked on Dec 02nd, 2013 on Criminal Law - Missouri
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13 ANSWERS

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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Miranda rights are required in order for the prosecutor, at trial, to present a statement by the defendant to law enforcement, if the statement is made during "custodial interrogation." If the prosecutor has enough evidence to proceed without your statement, then they can still take you to trial. The officer's visual observations, or observations of what the radar indicated, should be more than enough to proceed with a speeding ticket.
Answered on Mar 17th, 2014 at 7:31 PM

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Miranda only applies to in custody interrogation.
Answered on Dec 10th, 2013 at 9:47 PM

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Aric Cramer
If the police questioned you without reading you your Miranda rights you can file a motion to suppress any information they obtained from that questioning.
Answered on Dec 10th, 2013 at 9:47 PM

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John J. Carney
Retain a good criminal lawyer to handle the case. The police only have to read your rights if they interrogate you.
Answered on Dec 05th, 2013 at 4:39 PM

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Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal repartition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answered on Dec 05th, 2013 at 4:39 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Nothing. 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 or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Dec 04th, 2013 at 9:39 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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You can try to keep out any statements you made to the cop. Beware the case of Berkemer v McCarthy.
Answered on Dec 04th, 2013 at 9:39 PM

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Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies. You need to set the case for trial and hope the cop doesn't show up.
Answered on Dec 04th, 2013 at 7:36 PM

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Michael J. Breczinski
Miranda does not have anything to do with this if it is a civil infraction. If it is a misdemeanor then they have to read you Miranda only if after arrest they want to question you about the matter.
Answered on Dec 04th, 2013 at 7:35 PM

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It is only necessary to give Miranda rights if you are going to be interrogated. It is unusual for a person to be arrested for speeding did you get arrested or just cited with a ticket?
Answered on Dec 04th, 2013 at 7:34 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney and seek to have the charges reduced, the Miranda rights are likely irrelevant in this situation.
Answered on Dec 04th, 2013 at 7:34 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Were you cited only for speeding and given a ticket or were you charged with a crime such as reckless driving? Contrary to popular myth, Miranda rights do not have to be read to you every time you are arrested. Miranda warnings only have to be given if you are in police custody (not free to leave or placed under arrest) and the police wish to interrogate you or ask you incriminating questions. The courts have held that most traffic stops are not considered police custody for purposes of Miranda. Even if there was a Miranda violation, the remedy is to suppress the incriminating statement and sometimes the evidence obtained from the statements.A Miranda violation will never ever invalidate and otherwise lawful arrest. If you have been charged, consult with and retain an experienced Michigan criminal defense attorney in your area as soon as possible.
Answered on Dec 04th, 2013 at 7:31 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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The police don't have to read you your Miranda rights unless they want to question you while in police custody and use your testimony against you in court. It's perfectly legal for police to arrest someone without reading them their rights.
Answered on Dec 04th, 2013 at 7:30 PM

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