About 2 years ago, I was arrested on a charge of theft. I spent about 6 hours in jail, and finally a friend posted bail for me. A couple of weeks later, I appeared in court, and the charges against me were dismissed. The fact is, I hadn't actually done anything, anyway.
My question is this: I see on TV (and elsewhere) people being released, and/or suing the police, because they were not read their Miranda Rights when they were arrested. When it happened to me, nobody read me any rights. They picked me up (at work), brought me before a district judge, and afterward dropped me off at the correctional facility.
Would I be able to sue because of this? The incident cost me a day's work, aside from the embarrassment, etc.
If you have an Answer for me, I can provide more details if you contact me.
2007-03-23 10:18:32 · 4 answers · asked by myalibi_8k 1 in Politics & Government ➔ Law & Ethics
Failure to advise a defendant of his rights does not create grounds for substantive relief; it merely results in exclusion of one's admissions & confessions from evidence. Since there was no evidence in your case the failure had no adverse effect.
2007-03-23 10:27:50 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you are in Australia, you could possibly sue under the tort of false imprisonment, however this depends on a number of factors. For instance did you voluntarily go with the police to clear up the matter, or were you forced, or intimidated into going? If you were forced to go (which it sounds like if you were arrested) you could perhaps reclaim damages such as a day's pay as well as some non-pecuinary damages.
However, the police are allowed to arrest an innocent person legally, if the have reasonable grounds to. If they did have reasonable grounds then you probably won't have much luck.
The police in Australia, are required to read you your rights - if not any evidence collected from you, such as a verbal statement, could be inadmissable in court. Obviously this wouldn't affect you if you were acquitted anyway. However, I would recommend contacting the Police Ombudsman (if you have one where you are) and reporting this unfair treatment.
2007-03-23 11:28:40 · answer #2 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
I'm sorry to hear about your situation. Unless this was a deliberate attempt by someone to hurt you, you don't have any case. Even then, it might be difficult to prove. Miranda rights would simply protect you from the use of statements you make if you were not advised of you rights.
Given the Patriot Act and other reductions in civil rights, we might expect that wrongful arrests to increase. Maybe we need more understanding and fewer jails.
2007-03-23 11:27:28 · answer #3 · answered by Skeptic 7 · 0⤊ 0⤋
Yes you can. Try to remember the name of the police officer and file your case.
2007-03-23 10:27:04 · answer #4 · answered by Eason W 5 · 0⤊ 1⤋