QUESTION
If my miranda rights weren't read what happens?
Asked on Sep 11th, 2013 on Criminal Law - New York
More details to this question:
I was recently arrested for shoplifting. The security at the store took me into a room and took all the stuff and then called the cops. I was also with a friend in with the security put in handcuffs. When cops arrived they asked if we had any other stolen merchandise and then handcuffed us and took us to the police station. we were never read any type of rights? What happens next and how do we go about this is if we were not read out rights?
8 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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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 Sep 17th, 2013 at 12:21 AM
It's perfectly legal for police to arrest you and not read you your rights. The only reason a police officer reads a defendant his rights is if they want to take them into police custody and question them and use the defendant's testimony against them in court. If the evidence of the crime is obvious, the police officer has no reason to need to question you.
Answered on Sep 12th, 2013 at 4:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Miranda is not critical to your case. Miranda is only necessary f the officer decides to interrogate you. If he interrogated you without first giving you Miranda, then the results of that interrogation may be inadmissable. Putting that aside, sounds like they have other incriminating evidence..... witness and video surveillance. These still remain admissible. Even without Miranda, sounds like they have a strong case against you. The fact that you are trying to get off on a technicality leads me to believe that you have probably done this before, and obviously have not learned your lesson.
Answered on Sep 12th, 2013 at 1:37 PM
It depends on what they did next. If they just wrote you a citation, rather than charging you with a crime, and/or chose to pursue compensation under civil demand law, you have no right against self-incrimination, and Miranda does not apply. Miranda is triggered by custodial questioning by law enforcement in the context of a criminal case. If you are charged criminally, you may have an argument that your statements should be suppressed, but that is the only remedy. It does not require dismissal if they have enough evidence to proceed without your statements.
Answered on Sep 12th, 2013 at 9:09 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Whether Miranda is implicated in a case is a litigable issue. Consult an attorney.
Answered on Sep 12th, 2013 at 7:52 AM
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 Sep 12th, 2013 at 7:50 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Miranda rights are not required to be read. That's right. Law and Order (and every other cop show) is wrong on the law in almost every area, but especially on Miranda rights. Don't try to handle this on your own. You need a lawyer. Hire a local criminal defense lawyer. If you can't afford to hire an attorney, go to your court date and ask the court to appoint the public defender.
Answered on Sep 12th, 2013 at 7:50 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The police only have to read you your rights if you are both in custody and being interrogated. Failure to read someone their rights results in suppression of the statement not dismissal of the case. There may be a way to get your case dismissed. Feel free to contact me if you are looking to retain a criminal defense lawyer.
Answered on Sep 12th, 2013 at 7:46 AM