i just want to know if the charges can be dropped if you wee not read your rights at all not evn when bail was set?
2007-10-08 02:30:13 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you are not read your rights it just means that any admissions you have made (that weren't spontaneous) would not be allowed in court - you can still be charged with the crime.
2007-10-08 02:33:55 · answer #1 · answered by remowlms 7 · 2⤊ 0⤋
Miranda Rights are only read if you are asked questions about the crime. If you didn't talk to an investigator there was no reason to read you the Miranda rights. At hearing for bail you are in the court, and not being asked questions by an investigator, again, no need to read you the Miranda rights. The police probably have enough evidence against you from what they came upon at the scene, and statements taken by witnesses in order to charge you with domestic violence.
2007-10-08 03:29:33 · answer #2 · answered by GIOSTORMUSN 5 · 0⤊ 0⤋
Guys, could please NOT answer this question unless you have actually read "Miranda v. Arizona"? Thank you. It's not a jurisdictional issue. A state ALWAYS has "in personam" jurisdiction over someone within its borders; jurisdiction doesn't have to be "acquired" during an arrest. Rather, this is an issue of voluntariness under the 5th and 6th Amendments. If the rights were not read to the accused, any statements made by the suspect in custody would be inadmissible in court. That's all. It's not a ground for dismissal.
2007-10-08 02:50:10 · answer #3 · answered by Rеdisca 5 · 4⤊ 0⤋
Depends on what went on while you were in custody. Were you questioned? DUI subjects do not get read their rights because they are being detained, not arrested. I was once held for 5 hours for a ,supposed, battery. No one even talked to me during that period except the bondsman when he bailed me out. No Miranda either.
2007-10-08 02:38:07 · answer #4 · answered by sensible_man 7 · 0⤊ 2⤋
Yes. The accused has the right to be informed of the charges against him and the rights afforded him at the time he is restrained or taken under arrest. The reading of the "Miranda rights" are indispensable as a matter of due process and is provided for under the Bill of Rights and are demandable by the accused. Failure of this requirement may be a ground for the person to be released or a motion to dismiss the case against him because the law has not legally acquired jurisdiction over his person.
2007-10-08 02:38:12 · answer #5 · answered by cej291985 2 · 1⤊ 6⤋