QUESTION
What can I do if I was not read my miranda rights when I was arrested?
Asked on Apr 27th, 2011 on Criminal Law - Arizona
More details to this question:
I was walking out of the store and was almost ran down by the cop who arrested me for a warrant I had for driving on a suspended license. He arrested me and never read me my rights either. Also he was very rude almost ran me over with his car and acted like I had robbed the store and treated me like crap. what if anything can i do about this?
17 ANSWERS
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The rules surrounding the requirements to Mirandize a suspect are often misinterpreted due to the way that they have traditionally been portrayed in the media. While this can in fact sometimes represent a legal loophole it is not always the case. We would need more information about the specific details leading up to your arrest and/or interrogation in order to make a valid assessment. Unfortunately, while the conduct of police officers is regulated to a certain extent, there are no legal requirements of courtesy. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answered on May 03rd, 2011 at 9:33 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The remedy for not reading miranda rights is suppression of any statements. Since you already had a warrant out for you, then miranda does not enter into the picture. It sounds like miranda is not the way to go in your case, unless there is something about statements after being questioned when in custody. Should you need representation in your case, you should contact my office for an appointment.
Answered on May 01st, 2011 at 4:25 PM
Samuel H. Harrison
If the officer did not question you about your case while you were under arrest he does NOT have to read you a Miranda warning. Miranda applies when a police officer wants to question a person who is in custody. No questioning = no Miranda.
Answered on Apr 29th, 2011 at 2:18 PM
A cop is not required to read you your rights.
They only need to do that before questioning you, as if they question you without first telling you your Miranda Rights, then the answers could be excluded from evidence once the case goes to court.
Answered on Apr 29th, 2011 at 1:32 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Police don't have an obligation to give Miranda Rights when serving a warrant.
You can make a complaint to the Police Department about the rudeness
Answered on Apr 29th, 2011 at 1:26 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Nothing! The only time not being read Miranda Rights gets you anywhere is if you confess after they did NOT read you your rights. Otherwise it doens't mean anything. No harem, no foul.
But I would wait until your court ordeal is over and then report this pig to Internal Affairs. It will help the next person who gets hassled by him as if they file a Pitchess Motion (discovery of complaints against a cop) they will be given your information and the person can then use it to negotiate with the DA since this guy is now on record as being a total asshole - or if he goes to trial he can subpoena you as a witness to let the jury know what the cop did to you. ie. Let's say the cop used racist language against you. The next guy gets busted and says the cop used racist language toward him. Cop denies it. Now you can testify as to what happened to you and suddenly the cop looks like the asshole he is. Good luck. Always report cops who do something wrong to Internal Affairs.
Answered on Apr 29th, 2011 at 1:24 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Unfortunately, there is nothing you can do. Miranda rights do not apply unless you are being questioned in a custodial environment. Best of luck in your legal process and view my website for further information.
Answered on Apr 29th, 2011 at 12:45 PM
First, law enforcement only needs to read you your Miranda rights after you are arrested, but BEFORE your are questioned. An arrest alone does not trigger the right to a Miranda reading. If you feel that the office exceeded his authority in conducting the arrest, you can certainly call his superior and ask to file a formal complaint against that officer. It would be best to consult with a criminal lawyer before making this decision. If you would like a free consultation to discuss this matter, please feel free to contact our office.
Answered on Apr 29th, 2011 at 10:59 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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If a cop failed to read you your miranda rights when he arrested you, it is possible that the statements you made to the cop after the arrest would be suppressed. This would be beneficial if you gave them damaging information that they were trying to use as evidence against you in your case.
Answered on Apr 29th, 2011 at 10:59 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Defend the charges like any other criminal defendant. Miranda warnings are only required when seeking a confession after arrest. If that happened, you may have grounds for an evidence suppression motion. Him being rude is common, and is not a defense to the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on Apr 29th, 2011 at 10:04 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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This is a very common question. Quite a few clients have reported to me that the Miranda warning was not read to them at the time of their arrest. Most of us recognize from various legal programs a Miranda warning should be given upon arrest. Typically this would only become an issue if the arrested party was questioned and gave a statement. If no questioning occurred, and no statement was given, then no harm has been done. In other words, an arrest does not become invalid simply because a Miranda warning is not given.
Answered on Apr 28th, 2011 at 6:02 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Miranda Rights are only required in circumstances where an individual is 1) in custody and 2) being interrogated. There are many factors consider in making a determination if there was any sort of Miranda issue with your case. At the very least much more information is needed at this point. If you have a criminal defense lawyer, they should be able to fully explain and evaluate any potential violations. If not, you should immediately contact an experienced criminal defense attorney to do so. I hope this answer was helpful. Good luck.
Answered on Apr 28th, 2011 at 5:17 PM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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It sounds like he didn't have to read your Miranda rights. The police must read you your Miranda rights only when you are in police custody AND being questioned.
Answered on Apr 28th, 2011 at 5:17 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Police only have to read you your rights if they are asking you incriminating questions while in police custody. Just because they arrested you does not automatically mean they are required to read you your rights. This is probably one of the most misunderstood aspects of the law among non-lawyers. Television and movies haven't helped matters any. Being rude, while not very nice, is not something that will get your charges reduced or dismissed. You can file a complaint against them if you feel that strongly about it. However, if they elicited incriminating statements against you without the benefit of Miranda Rights, contact an experienced criminal attorney. He may be able to get it suppressed if they did indeed violate your rights by not reading you your Miranda rights when they were required to.
Answered on Apr 28th, 2011 at 5:00 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The police do not have to read you Miranda warnings unless you are in custody AND being interrogated.
Answered on Apr 28th, 2011 at 4:53 PM
Theodore W. Robinson
Hello, Sorry, but there is little that can be done in your situation. The reading of your "Rights" only applies or is important when you've been questioned and given an inculpatory statement, meaning a confession. Otherwise, it has very little purpose, except to tell you have the right to an attorney at all stages of the proceedings. If there's no statement given and you were arrested on a Warrant, then there is little to be done. Good luck.
Answered on Apr 28th, 2011 at 11:13 AM
Criminal Defense Attorney serving Mesa, AZ
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JacksonWhite P.C.
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If you're pulled over for a warrant for driving on a suspended license in Arizona, you may not be read your Miranda rights. Officers do not have to read you your Miranda rights. The way that officers treat people can lead to civil action against the officers if they use excessive force. If you are overly polite, but still protecting your constitutional rights, the officer will likely be polite in return. Anytime you have an active warrant in Arizona, you run the risk of being arrested and booked. It is much easier to hire an attorney to quash the warrant and handle the case, rather than be stuck in custody.
Answered on Apr 28th, 2011 at 10:13 AM