Can my case be dismissed because I was they failed to read to me my rights? 3 Answers as of August 15, 2016

I was arrested at the airport for carrying a taser on a plane. I didn't realize that I even had it. I was handcuffed, mug shot taken & placed in a cell. I was never read my rights. I was questioned & asked to write a statement detailing the events that led to my arrest. I now have an arraignment.

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James Sterling Lawrence, Attorney at Law | James Sterling Lawrence
The reading of rights is required only for custodial questioning. If you are not in custody at the time of the questioning, no rights need to be read. If they were supposed to read rights but did not do so, the only remedy is to suppress from evidence your statement to police. If they have other evidence beyond your statement to police the prosecution against you can continue.
Answer Applies to: Michigan
Replied: 8/15/2016
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
No, that only matters for statements made after arrest. You need an attorney on board ASAP to avoid criminal record consequences.
Answer Applies to: Michigan
Replied: 8/8/2016
Case may not be dismissed but if you were question & made a written statement without proper Miranda it is possible your admissions and/or statement could be excluded from evidence during a trial but any evidence obtained outside of your statements after arrest may still be used against you. E.G. the eyewitness testimony of the TSA agent who found the weapon.
Answer Applies to: Michigan
Replied: 8/8/2016
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