A friend of mine was arrested and questioned on a crime without being read his miranda rights at all and was all on tape,will this play in his favor in court. Judge or Jury, lawyer or not.
Thanks for your help..
2007-01-20 10:33:52 · 11 answers · asked by draymond31 1 in Politics & Government ➔ Law & Ethics
I will have to be honest with you depending on the crime. I am sure that the prosecution will try to get your friend to cop a plea. It saves the taxpayers money and they will make it seem like they are doing your friend a favor.
2007-01-20 10:38:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Was he read his rights when he was cuffed? Because many times officers do this. They also usually do Miranda again in the police station but you have to be careful with the word "questioned". Was your friend told at any time he could not leave the station? If so, that was custodial interrogation and he should have received Miranda; if he was not then it was an interview. They are very different and if he went willingly with the police and was questioned, Miranda does not apply.
2007-01-20 16:55:48 · answer #2 · answered by Rhode Island Red 5 · 0⤊ 0⤋
If they didn't read you your rights, anything you admitted to would not be admissable in court. So if you told them during questioning that you had spray paint with you, they would not be able to use it in court. But they don't have to drop charges because of it. As far as evidence, they might have more evidence than you think. If they really don't have enough evidence, the district attorney will drop the charges before court. Also if you signed anything, it is likely that what you signed was a miranda waiver that had your rights written down for you to read.
2016-05-24 02:04:58 · answer #3 · answered by ? 4 · 0⤊ 0⤋
If your friend is just saying this....question it....Everyone arrested and whom chooses to waive their Miranda rights will do so by way of signing or recorded voice being repeated 3 to 4 times minimally.
2007-01-20 10:38:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you're in the US, then yes. Otherwise, the laws vary from country to country. He should definitely let his attorney know that this occurred if he was in the US at the time, because it's illegal for a suspect being arrested to not be read their rights or given access to council.
2007-01-20 10:38:20 · answer #5 · answered by Cat Loves Her Sabres 6 · 0⤊ 0⤋
I know in the UK this type of arrest is know as false imprisionment and can lead not only to all charges being dropped but also leaving the police dept. liable to being sued too. However that might be different in the US your need a lawyer to help you out
2007-01-20 10:40:23 · answer #6 · answered by frostyg02uk 5 · 0⤊ 0⤋
Did he answer any of their questions? He should be protected under Miranda. Any evidence taken illegally (illegal search & seizures, etc.) is not supposed to be used in court. I'm not a lawyer though, so I could be wrong.
2007-01-20 10:39:22 · answer #7 · answered by KatEyez4 3 · 0⤊ 0⤋
yes it will and your friends lawyer can argue with that case ,without reading the Miranda right any arrest will be illegal and if he/she is questioned without his consent he/she can sue the arresting officer for illegal confinement and abuse of power as an officer and civil servant
2007-01-20 10:46:36 · answer #8 · answered by Lionel M 5 · 0⤊ 0⤋
If they asked him questions before they arrested him to determine if they had a need to put him into custody, they were in the right, he only needs to be read his rights while in custody.
2007-01-20 10:42:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if he can prove he was not read his miranda warning before making a statement then he is off the hook
2007-01-20 10:53:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋