Can I still go to jail if I was found with drugs on my car but I was never read my rights? 4 Answers as of March 06, 2017

The police did not stop me. My car broke down and he searched my car until he got to the drugs. I had a minor on board but I never knew there were drugs on this car. It was not my car. The officer never read my Miranda rights.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is no requirement that the police read you your Miranda rights unless you are in custody and they want to question you. The fact that they do not does not bar them from prosecuting you for a crime that they think they have enough evidence for.
Answer Applies to: California
Replied: 3/6/2017
Universal Law Group, Inc. | Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. However, there may be search and seizure issues. Did you give the officer permission to search your car? If not, and depending on where the drugs were found, this may be an illegal search. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. (S)he would then be in a better position to analyze your case and advise you of your options. If you cannot afford an attorney, ask the judge to appoint the public defender's office to represent you. Under no circumstances should you talk to the police or anyone else about your situation without an attorney present.
Answer Applies to: California
Replied: 3/6/2017
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth ?prior? to cuffing you, so Miranda rarely applies. Time to shop for a lawyer.
Answer Applies to: California
Replied: 3/6/2017
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Did you consent to the search? Miranda only applies to what you say, not what you're hiding.
Answer Applies to: California
Replied: 3/3/2017
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