QUESTION

What if I'm not read my rights before, during, or after incarceration?

Asked on Jun 01st, 2015 on Criminal Law - Alabama
More details to this question:
I was pulled over on the causeway and was then asked to exit my vehicle was searched a bag of marijuana weigh less than a half ounce was retrieved I was arrested and was able to bond out but I was not read my Miranda rights.
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1 ANSWER

Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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Many people assume that if their Miranda rights aren't read, then the arrest was invalid and the charges must be thrown out. This is not true. Your Miranda rights apply to statements that you may make subsequent to an arrest or otherwise while being detained. These rights, when read, inform you that anything you say can be used against you in a court of law, and that you have the right to have an attorney present during questioning. If you are not read your rights, then it's possible that anything you said after the arrest or while you were detained would be inadmissible as evidence during your trial. The results of the search of the car, however, would still be admissible, assuming that the search was legally conducted. An officer's failure to read your Miranda rights doesn't affect the legality of the search, as it only applies to statements you make after arrest or during detainment.
Answered on Jun 04th, 2015 at 5:14 AM

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