I was arrested for disorderly conduct & trespassing. I was taken to county jail without a miranda warning. Can I ask for a motion to supress to win and have the charges dropped?
2006-08-21 08:35:49 · 15 answers · asked by DRTBONE 1 in Politics & Government ➔ Law & Ethics
No. You can still be charged with a crime regardless of whether or not your Miranda rights were read to you.
It's a little known fact, but the police do NOT have to read you your Miranda rights upon arrest unless they plan to question you at that time.
So, if you were not questioned, then you have no case whatsoever. If you WERE questioned (and never had your Miranda rights explained to you beforehand) then all you can do is move to suppress whatever information you gave while you were you were being questioned.
NOTE: THE ABOVE IS A GENERAL DISCUSSION OF COMMON LEGAL PRINCIPLES AND IS NOT TO BE CONSTRUED TO BE LEGAL ADVICE OF ANY TYPE. CONTACT A LAWYER LICENSED TO PRACTICE IN YOUR JURISDICTION FOR MORE INFORMATION ON YOUR PARTICULAR SITUATION.
Edit: Yes, Misspipik, they COULD get you for bribary in the situation you imagine. First of all, each charge is independent of the other, so if you commit a crime while in custody for another, you can (and likely will...) still be charged with the second crime.
For instance, let's say you're under arrest for a DUI, and while you're sitting on the side of the road, waiting to be loaded into a police car, you get up and head-butt the cop. Don't you think that you'd ALSO be charged with assault on a police officer...REGARDLESS of whether or not you'd been read your Miranda rights?
Second, the Miranda rights have nothing whatsoever to do with being arrested or taken into custody...they only apply when you're being questioned.
And FINALLY, Miranda rights have ABSOLUTELY NOTHING TO DO WITH THE 5TH AMENDMENT!!! In fact, the ONLY things the fifth amendment guarantees are that:
a) you will not be forced to testify at your own trial, and
b) that the prosecuting attorney cannot say or suggest that your refusal to testify should somehow reflect on your innocence.
2006-08-21 08:50:20 · answer #1 · answered by Silver 4 · 0⤊ 0⤋
no, your conduct was deemed disorderly and you were trespassing.. then I would guess you were annoying and a general pain in the *** and got busted. and i bet this wasn't' the first time. suppose the cops said "you are under arrest for trespassing and disorderly conduct. you have the right to remain silent". and some how you actually remain silent. you still broke the law of trespassing and disorderly conduct. the "reason" you were arrested was because you were belligerent. you are lucky the only charges they could figure out to pin on you are not felonies . in response to silver with 3 years of law school and 5 years of practice. suppose they did not read you your rights and they had no intention of questioning you and on your way to jail you say how about a hundred bucks each to let me go...Now they can't get you on felony bribery because you were not informed of your fifth amendment privilege. and I never went to law school.
2006-08-21 09:02:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Miranda warnings have nothing to do with being arrested.
Miranda warnings, and the required waivers, are part of the procedure involved with custodial interrogation. If there is no interrogation, then the warnings don't apply.
Motions to suppress apply to evidence, including confessions, made in violation of established procedure. So, if you were questioned or responded to police comments about the crime, that statement or confession might be the subject of a motion to suppress.
But, if the police simply arrested you, booked you, but didn't talk to you about the crime , there is nothing to suppress.
2006-08-21 08:46:56 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
No Miranda warning just means that anything you say yourself at the time of the arrest or during questioining cannot be used against you in court. They probably have enough evidence on you no matter what you said, so they knew that it wasn't necessary to read you your rights.
2006-08-21 08:43:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I am not a lawyer but it sounds like you are on the right track, yes. Since this could mess up your record you might want to get a lawyer to handle this for you--employment applications ask if you have been arrested and you want to be able to honestly say that yes you were but charges were dismissed for lack of evidence. Honesty is totally required. Good luck!
2006-08-21 08:44:34 · answer #5 · answered by jxt299 7 · 0⤊ 1⤋
Maybe, but only if they violated your Miranda rights to begin with. Did you make self-incriminating statements?
If you were only charged with a misdemeanor and given a desk appearance ticket then the "free lawyer" aspect doesn't apply.
2006-08-21 09:11:09 · answer #6 · answered by zippychippy 3 · 0⤊ 1⤋
I don't know all the details, but my CJ professor told me there are certain instances where they don't need to read you your miranda rights. You might want to check in to it more thoroughly.
2006-08-21 08:43:30 · answer #7 · answered by D$ 2 · 0⤊ 0⤋
Oh, please...Google Miranda and find out when your rights are supposed to be read.
2006-08-21 08:42:16 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You know your rights. Just go to jail.
2006-08-21 08:41:38 · answer #9 · answered by Kabu 5 · 0⤊ 0⤋
Yes they are in the wrong, best bet to do is contact your DA and explain the situation (nicely) and see if they can have it dismissed
2006-08-21 11:06:32 · answer #10 · answered by Anonymous · 0⤊ 1⤋