can my case get dropped if i was not read my rights?

Question

My friend and I were accused of stealing gas on 2 attempts. An officer knocked on my door and told me I was coming with him. When I asked why he told me for stealing gas. He told me my friend said she did it and i was with her. I asked if i was being arrested and the officer said yes. Then I proceeded to the vehicle. The officer never put cuffs on me. Then I was finger printed and given apperance tickets.At no time before or after my arrest was I ever read my rights. Can I get this case dropped?

Answer 1

Failure to read your Miranda rights are not grounds for dismissal of your case. If the police officer failed to read you your rights then any statements given by you would not be admissible in court but if your friend testified against you they would not need a statement anyway!!

Answer 2

Some of the other answers are partially correct, but they leave out an important point. There are three elements that must be met before the police are required to read you a Miranda warning. The first element is the questioning must be done by the police (obviously).

The second element, that a lot of people forget, is CUSTODY. Suspects who are not in custody generally do not need to be advised of their rights. Legally, custody can be a tricky issue as it can be actual or implied. As a general rule, if you are free to leave you are not in custody. That sounds like the case here, as the police officer was at your house and you had not yet been placed under arrest.

The third element is interrogation. That means asking questions directly related to your involvement in the crime, not your name, DOB, etc.

If all three elements of Miranda are met, and the warning is not given, any evidence resulting from the questioning will be thrown out in a motion to suppress, but not the whole case.

Answer 3

No!..You are only advised of your rights when an officer needs to
or wants to ask you questions. Your arrest was a misdemeanor
where you rec'd a citation requiring your appearance in court on
a later date. If you were being questioned, usually in Felony cases, the officer is required to MIRANDIZE (advise you of your
rights)before any questioning! If it is not done, any evidence obtained from the questioning would be considered "Fruits" of the
poisonus tree and would be thrown out!

Answer 4

NO, he's not required to read you your rights unless he submits you to questioning with the intent to get information to prove your guilt. Since he never did that, your arrest is valid.

Most cops do read them just to cover their actions. If you had been taken into interrogation by a detective, that's the first thing they would do and have you sign a statement to the effect you were advised and understand. Not necessary when you're being booked.

TV is pretty bad at implying everyone gets their rights, it's not legally required unless you're being questioned.

Answer 5

Nope. even with what you spot carried out on television for dramatic result, the Miranda warning has no requirement to be examine on the time of arrest. you're only examine your rights at first of a "custodial interrogation", that's once you're first arrested, then puzzled in a fashion designed to elicit an incriminating reaction (asking you call, address, DOB would not persist with). maximum situations in no way contain the suspect being examine his rights by way of fact maximum suspects are in no way puzzled. on your case, you have been caught pink-exceeded, that they had no would desire to interrogate you on the station after your arrest. you do no longer even p.c. your pal, the cop himself would be keen to confess he in no way examine you your rights by way of fact he wasn't legally required to accomplish that. the undeniable fact that they weren't examine differences no longer something. additionally, whether a Miranda violation does ensue, it in no way means the fees only immediately bypass away or any of that nonsense. All it means is that any solutions given in the interrogation won't be in a position for use in courtroom. the different evidence that has been gained continues to be admissible and the fees nevertheless persist with. the fees might only bypass away if there wasn't sufficient evidence otherwise to take care of an indictment devoid of employing the confession.

Answer 6

If you were not interrogated and not incarcerated, just given appearance tickets then you didn't need Miranda rights. (right not to answer at an interrogation without a lawyer)
You better focus on proving your innocence because pushing Miranda if you weren't interrogated will make you look really weaselly and really guilty.
And since you never claimed to be innocent here . . .

Answer 7

I am sorry for so many bad answers, and alot of good answers.

In the US, the police do not have to read you your rights, unless they question you as a suspect. They can arrest you, with or without handcuffs, ( he would have broken a few rules in the dept I used to work by not cuffing you, it would have been required) But they can book you, ( fingerprint and photo) and lock you in jail pending bail, and never read your "rights" to you. you can be convicted and never be read your rights.

They only have to read you your rights prior to questioning you.

Answer 8

In Canada your constitutional rights are violated if you are not read your rights to council upon arrest (with or without cuffs). The charges can be thrown out on those grounds (sec 26 Canadian Charter of Rights and Freedoms).

Answer 9

Not being read your rights is not grounds to dismiss the case. It could get any statements you made excluded from evidence. If they can prove the case without any statements you made, you could still be convicted.

Answer 10

It depends. Were you questioned? The specifics of your arrest and subsequent action by the police are very important.

Talk to a lawyer and next time pay for your gas!