QUESTION
A family member is was arrested and wasn't read her rights. Can her case be thrown out?
Asked on Jul 24th, 2013 on Civil Litigation - Alabama
More details to this question:
My family member was caught shoplifting at a local Wal-Mart for merchandise under fifty dollars, this is her first offense. She was not read her rights and arrested and released three hours later with a scheduled court date. Can her cause be thrown out? Store security also witness the arrest.
1 ANSWER
If someone is arrested and not read their Miranda rights, what they say to the police,and evidence the police derive from it, are not admissible evidence against them, but that in no way voids the arrest itself, if the state has other evidence to support the charge.
Answered on Jul 25th, 2013 at 12:52 PM