i was never read my maranda rights at any point during my arrest, can i legally fight the charge?

Answer 1

I would think so. I would definitely call a criminal defense attorney. Ask your friends, look at the phone book etc. These guys are pros and are worth the fees. you can find an attorney by just searching google or going to http://www.targetlaw.com , http://www.lawyers.com or http://www.legalmatch.com

Answer 2

Contrary to popular belief, Miranda is not required every time someone is arrested. Specifically, Miranda is required when a police officer is questioning a person about a crime and the person the officer is questioning is a suspect in the very same crime the suspect is being questioned about. Also, when a person is arrested for a crime committed in the officers presence, Miranda is generally NOT required unless the officer either continues questioning the suspect about the crime OR if the officer plans to use any "spontaneous utterences" against the suspect. When in doubt, speak to an attorney regarding your specific case.

Answer 3

You didn't give enough information to answer the question. According to Miranda v Arizona, the only time an admonition is required is prior to a custodial interrogation. Many people, who watch too much television, are under the erroneous impression that a Miranda warning is required every time an arrest is made. You do have a constitutional right to face your accusers.

Answer 4

No. The charge is the charge. The police are not required to read you your Miranda rights simply because you were arrested. They only need to read you them if they want to question you after they arrested you.

The only consequence of not reading them to you is they would loose any statements you made during questioning if you were under arrest. However, if you open you mouth and say things on your own without them questioning you, those statements are still good.

Answer 5

Miranda is in regards to when evidence that you give them voluntarily can be used. If you admit to a crime without them explaining your rights first, then they can't use your words against you in court. But if they explain it to you first, and you babble on and on telling all, then they can use whatever you say. It's not a required part of an arrest though. If they feel that they have enough to win a court case without using your words (maybe if you were seen doing the crime on recorded video or something), then they maybe don't feel a need to use anything that you might say during the arrest.

Answer 6

No, they only need to Mirandize you prior to QUESTIONING...

Miranda warning is to make you aware of your rights regarding speaking and having an attorney present prior to making a statement or confession that could be used in court.

Example... an officer can ask you all sorts of questions on the site of a DUI... but as long as the answers aren't used in court, you don't have a leg to stand on.

Good luck...

Answer 7

The answer is yes and no. When you're in court it is your word versus the arresting officer. Who do you think the judge will believe?

If you have substantial evidence like witnesses that you were not read your rights then you could possibly get your charges dropped. Tough break- the burden is on you to make your case.

Answer 8

It's "miranda" search that in the Yahoo! Answers and you will get plenty answers for a lot of different situations. But, basically, the Rights are informed to you when you are in custody for questioning and are about to be arrested.

Answer 9

Miranda would only apply if you made a confession.

So in court if they use a confession against you..you can have it thrown out because of the miranda failure. The charges will not be thrown out completely...only a confession.

Answer 10

You can not overcome the arrest, but anything you said after you where in custody can not be used against you, this will require a suppression motion