I wasn't read my Miranda Rights, never even signed a Miranda Card. Can they still charge me?

Bankruptcy and Debt 5 views 6 answers
Have already been officially charged, even sent to the county jail where I was bailed out. Should have been ROR based on the nature of the "crime."

Attorney Answers

6
Howard Schwartz ·
You can certainly be arrested and charges without getting your Miranda rights. They relate to the use of evidence in a prosecution. Discuss the issues with your lawyer. Good luck.
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Robert F. SchalkDUI / DWI AttorneyMineola, NY ·
Miranda rights are only required when you are being interrogated. So you are not entitled to them unless you are being questioned. Some officers do it at the onset of an arrest while others wait until a suspect is being interrogated/questioned. The charges can stand but if you were questioned without Miranda statements can be suppressed during motions and pre-trial litigation/hearings. Hire an experienced criminal attorney ASAP.
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Michael Elbert ·
Miranda warnings are not necessary unless you are subjected to custodial interrogation. The police can arrest you without interrogating you presuming they have sufficient evidence.
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Eric Rothstein ·
The police only have to read Miranda if you are in custody and being interogatted. The failure to read Miranda doesn't result in dismissal of the case.
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George Conway ·
The failure to read a defendant their "Miranda Rights" only comes into play when attempting to suppress incriminating statements made by him or her while in police custody. But, you should exercise your right to remain silent because anything that you say can and will be used against you in court of llaw and you should exercise your right to have an attorney present whenever you are questioned and you should ask the court to appoint you an attorney if you can not afford an attorney.
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Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
The Miranda warnings, as they're now known, came out of the Supreme Court case, Miranda v. Arizona, as an effort to protect a citizen's 5th Amendment right to remain silent. In short, the police are to alert suspects that they have the right to remain silent (and not incriminate themselves); that if they choose to speak, whatever they say can and will be used against them in proving their guilt; and that they have a right to an attorney present during questioning even if they can't afford an attorney. (Author's Note: This right should ALWAYS be exercised!) The Miranda warnings are only required to be given by police when a suspect is in custody and being questioned. (custodial interrogation). Hence, if you are not in custody or you make statements without having been questioned, then the Miranda protections do not apply. The easiest way to find out if you are in custody if you are not sure is by asking the police officer if you are free to leave. If the police do question you while you're in custody and do not read these warnings to you, then your lawyer may seek to prevent or limit the prosecutor's ability to use these statements against you. It does not mean that the charges against you are dismissed, as the prosecutor is allowed to use any other evidence against you that was lawfully obtained to try and prove their case beyond a reasonable doubt. There a great many legal decisions discussing the nuances of this area of law so I highly recommend discussing the particular facts of your case, with an experienced criminal defense attorney.
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