Am I supposed to be read the Miranda rights on an arrest for marijuana possession? 1 Answers as of May 05, 2011I was arrested this weekend in Marion County at a roadblock for possession of marijuana less than an ounce. The arresting officer asked me several questions but never told me that I was under arrest. He put me in handcuffs and put me in the patrol car. Once I was in the car, he asked me several more questions but never read me my Miranda rights or for that matter never told me that I was under arrest. I thought that when a person is being arrested they have to read the Miranda rights to that person. Do I have the legal right to be read the Miranda rights and can my admission of the marijuana being mine is dismissed since I was not read my rights or ever told that I was under arrest? I am new to this and have never between in trouble for anything. I do not know what to do or if even my rights was violated by this officer when he put me in handcuffs and in his patrol car without telling me I was under arrest or reading me my Miranda rights. I answered all questions he asked me not knowing that I did not have to answer any questions. Can someone please tell me if I have been violated by the Marion County police in the charge and this arrest.
Goolsby Law Office | Richard Goolsby
First, you need to retain an experienced criminal attorney to advise you as to your rights and options, and to explore the possibility of raising this issue in a suppression motion. Generally, Miranda applies to two situations: (1) interrogations, (2) of a person in custody. Please discuss this issue with your attorney. Good luck!
Answer Applies to: Georgia