QUESTION

What can I do if my Miranda rights weren't read?

Asked on May 19th, 2013 on Family Law - Rhode Island
More details to this question:
I was arrested last night. I was at a hotel and the police officer came in, had the front desk to call me and claimed my car’s light was on. My cousin was there too and he wouldn't allow her to look at my car either but when we went to my car it was off. We were in the hotel for 15 minutes before I was called down by the officer my light only stays on for 5 minutes (that's if it was on) he tells me I have a warrant for a missed court date that I had thought I didn't have to go to because my paperwork was set straight before the court date. I received no mail pertaining my warrant because I moved that month and the police had my old address that they sent the mail to they changed it when I was arrested last night. I was in a different city when he ran my plates and since I was cooperative he didn't read me anything at all. I believe he just drove around running plates because it wasn't a lot of cars back there only maybe 6 and I was there Friday night and when I pulled up there was a police truck back there at the same exact time just sitting in the middle of the drive way by all the cars he left a few seconds after I parked.
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2 ANSWERS

Litigation Attorney serving Charleston, SC at The Falk Law Firm, LLC
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It sounds as though there was a bench warrant issued as a result of your non-appearance. Therefore the police did not need probable cause for the arrest. However, if they took you into custody without reading you your Miranda rights, then any statements you made to the police after you were in custody can be excluded from your trial.
Answered on May 21st, 2013 at 11:30 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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If you didn't admit anything, nothing. All the Miranda rights do is prevent the police from using anything you say against you in court. Since you were picked up on a bench warrant, it probably doesn't mean much that they did not read you your rights.
Answered on May 21st, 2013 at 11:30 AM

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