QUESTION

If I was arrested for misdemeanor theft and before being arrested, I wasn't read my rights, could I get a case on the officers or my case thrown out?

Asked on Nov 05th, 2013 on Criminal Law - Oklahoma
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8 ANSWERS

John J. Carney
You want to get the officers in trouble for not reading you Miranda Warnings? They do not have to read you any warnings unless they question you wile you are in custody. Even then it is only going to get the statement suppressed, not the charges dropped. Retain a good lawyer to get it dismissed since a criminal record will ruin your life in many ways. Make better decisions in the future.
Answered on Dec 09th, 2013 at 5:55 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. 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 to not make self-incriminatory statements and the right to legal, 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 for a person to be detained or arrested. 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 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 Nov 12th, 2013 at 4:13 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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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 Nov 06th, 2013 at 10:31 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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I'm assuming you are talking about Miranda rights or warnings. There is a big misconception about when Miranda rights or warnings have to be given and what the consequences are if they do not. The police do not have to read you your rights every time you are arrested. They only have to read you your rights if you are arrested or in police custody (not free to leave) and they wish to interrogate you or ask you incriminating questions. Miranda violations seek to suppress or keep out incriminating statements. If there was a Miranda violation the remedy would be to keep the incriminating statements that you gave out of evidence and possibly any physical evidence that was obtained from those statements out as well, unless the evidence would have been discovered eventually anyway. A Miranda violation will never ever invalidate an otherwise lawful arrest.
Answered on Nov 06th, 2013 at 10:31 PM

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Michael J. Breczinski
No. They only have to read you arrest if AFTER arrest they want to question you about something that could incriminate you.
Answered on Nov 06th, 2013 at 10:31 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. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Nov 06th, 2013 at 10:30 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally not.
Answered on Nov 06th, 2013 at 10:30 PM

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Only if the only evidence against you are statements made by you after you were in custody.
Answered on Nov 06th, 2013 at 10:29 PM

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