arrested for theft but did not have my rights read can I get charges dropped?

Question

Admitted to taking $175.00. Signed statement saying it would be paid back. Was arrested, handcuffed, but not read my rights, released on my own with scheduled court date

Answer 1

Absolutely not! It is a common fallacy that if you are not "read your rights" you cannot be charged with a crime, or your arrest is somehow illegal. The only time you have to be "read your rights" is if 1) you are in police custody (which can occur before a formal arrest), and 2) the police want to question you. If you are questioned while in police custody without being "read your rights" you may be able to get any statements you made suppressed, though this is not always true, and the statements may still be used for some purposes.

In your scenario, it is most common that the kind of statement you made was made to store security, not the police. Store security does not have to "read your rights." If, however, you were in police custody at the time of the statement, and they were questioning you without a proper advisement and waiver of rights, your admission may be inadmissible.

Answer 2

Yes you could but that will be hard to prove. First off did you sign any papers saying they read you your rights? If so then there is not much you can do. For the 175.00 you admitted to taking, just pay it back and be done with it. Things could have been a lot worse and it sounds as though the police etc were being very lenient about the whole thing. You made the effort admitted what you did now do the right thing and take care of it. If you try and make it hard for the law it will make it much worse on you.

Answer 3

Hhm, you need an attorney. Your statement should be suppressed if you can show that they did not give you Miranda. If they have other evidence, then no, the charges won't be dropped, only your confession will be out. When you signed your statement, did you sign away your Miranda rights? Those are things your attorney can find out (you should check with the public defender) including if they have a videotape and what exactly you signed.

Answer 4

You should seek the advice of an attorney in your area. Generally speaking, probably not; but it does depend on the circumstances, among other things. For example, if you admitted to taking the money before you were arrested, or to someone other than the police, then I would say definately not.

Good luck!

Answer 5

You need a lawyer to move to suppress the signed statement pursuant to the Fourth and Fifth Amendments. That won't get the charges dropped automatically, but there may be no case left without the statement. Good luck. You might want to offer to pay it back anyway if charges are dropped and you don't have to file your motion.

Answer 6

No. the subject is that folk watch too lots television the place the law enforcement officials are slamming the guy against the motor vehicle and hand cuffing him on an identical time as style of interpreting him his "rights". the only time you may informed your miranda rights is that if the law enforcement officials intend to invite you questions that a fact complete answer could show your guilt in a criminal offense. Its somewhat maximum suitable to no longer study them their rights, that way excited utterances are greater particularly admissible. in case you study somebody their rights and the refuse to sign a waiver of those rights, you may avert any difficulty that would make one think of that an answer to a question would have been coerced from the suspect.

Answer 7

It all depens on who you made your statment to. If you made the statment to the security guard and he made you sign the statement then, you're pretty much out of luck. However, if the cop ask you to make the statement and you felt that you were under arrest or in custody then you have a valid claim.

Remember Miranda only applies when it's a state actor and you're in custody or under arrest.

Good luck, you can always make a suppresion motion to toss out the statement.

Good luck.

Answer 8

if you've signed a statement.. you will have to pay the money, but you will probably have something to do anyway despite not being read your miranda rights ( the police have mitigated circumstances in which they don't have to read you your rights, such as when they feel they are in a dangerous situation, or you might get away and they need to get you in the car, or you are struggling).... all in all you might get your sentence decreased by this fact, but not completely dropped.

Answer 9

I'm pretty sure all the charges would be dropped!Unless you were
drunk"they could say you were to drunk,and didn't hear".Good luck!

Answer 10

In what order did the things happen? If you talk to an attorney, your attorney can give you all the information.