QUESTION
Could a criminal charge be dropped if the police didn't read Miranda rights?
Asked on Mar 05th, 2013 on Family Law - Rhode Island
More details to this question:
My brother was arrested and the police took him to jail. They never questioned him and never read his Miranda rights. Could the case be dropped?
2 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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The police only have to read one Miranda rights if they are going to question or interrogate a suspect. So, if no questions and no Miranda, then no problem. Case will not be dropped.
Answered on Mar 07th, 2013 at 2:55 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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I doubt if they would be dropped you would have to fight it in a suppression hearing.
Answered on Mar 06th, 2013 at 2:19 PM