i got a warent for my arrest a few weeks ago, and the officer that arrested me never read me my rights, what would be the best corse of action to go with? im out on bond right now, and my case is more then likely going to be dropped at the preliminary hearing. they are trying to stick my with a AA felony for something i didnt do, and its just a shitty deal all the way around
In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings. Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. In the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture." Dickerson v. United States 530 U.S. 428 (2000). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Because Miranda only applies to custodial interrogations, it does not protect detainees from standard booking questions: name, date of birth, address, and the like. Because it is a prophylactic measure intended to safeguard the Fifth Amendment privilege against self-incrimination, it does not prevent the police from taking blood from persons suspected of driving under the influence of alcohol without a warrant. (Such inspections may be incriminatory but not self-incriminatory for a suspect). If an inmate is in jail and invoked Miranda on one case, it is unclear whether this extends to any other cases that he or she may be charged with while in custody. (wikipedia) Reading of Miranda Rights: Not all states at all times are required to read you your Miranda Rights at the time of arrest. That does not mean you don't have them. It is a common misunderstanding, a myth, that if you were not read your Rights, your case can be thrown out of court. The truth is that if you are not interrogated after your arrest, there is no reason for law enforcement to read you your Rights. However, if you are interrogated after your arrest without having been read your Miranda Rights, statements made by you during that interrogation cannot be presented in court. ( http://www.fraudaid.com/miranda.htm) Hope that helps, its awfully hard to give advice without lots of details. Good Luck
I don't really think it matters, I've been arrested a few times and I've never had my rights read to me.
well i dont really want to say what i supposibly did, and i got 2 lawyers right now, and if it goes to trial i have a 3'd lined up. i wasnt looking at it for me to get out of my case, i know i will, but i was just thinking about filing a suit against the county for not reading them. the cops in this town are all a bunch of jokes... took them 4 months to find an elderly couple that was killed, found her out side of an old farm house, and took them another 2 months to find out that he was inside the house... then wrote it off as a murder suicide when the he was found laying inside a 55 gallon barrel and the gun was laying acrost the room, and he had 2 shots in the head.
and for the record i never did it. its hard to do something when your out of town, and a little bitch is saying stuff to start shit because she is jealous of my girlfriend
George Carlin said that we don't have rights, they are just privileges. good luck man, and i hate stupid bitches too.
