If you Miranda rights were not read, will charges for petty theft be dropped? 15 Answers as of April 14, 2013

My wife was accused of stealing at a store in Michigan. She did not have anything on her. She just opened the perfume to smell it and she was accused of stealing a shirt she had on when she entered the store. When the cop came, he thought it was foolish because she had nothing on her and the store is still charging her with petty theft. Also she was not allowed on the store’s property from two years ago.

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William L. Welch, III Attorney | William L. Welch, III
Failure to advise a person of Miranda rights does not prevent charges from going forward. Instead, if the person were questioned by the police while the person were in custody, then the prosecution might not be allowed to use that statement is all.
Answer Applies to: Maryland
Replied: 12/7/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The Miranda Warnings are irrelevant. I do not believe your version of the events. If she was arrested for shoplifting then they saw her steal or try to steal something and they can charge her with trespass if she was told not to come back. She is more than likely not telling you the truth, which is much more common than the security guards getting it wrong and making a false arrest. You should retain a good lawyer and have her tell him the truth. She may need counseling if this is a second or third arrest.
Answer Applies to: New York
Replied: 12/4/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Answer Applies to: Michigan
Replied: 4/11/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
First of all everyone is not stupid. Loss prevention is not charging anyone for a shirt that they had on when they entered the store. As for Miranda rights, it should be a non-issue because she was not arrested, correct? The officer thought it was silly, correct?
Answer Applies to: Georgia
Replied: 4/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
No Miranda rights only have to be read if you are first arrested and then they want to ask you questions. They can take you to jail and lock you up without Miranda if they ask you no questions about the crime.
Answer Applies to: Michigan
Replied: 12/4/2012
    Toivonen Law Office | John Toivonen
    If Miranda rights are not read to the Defendant, statements made by the Defendant can be suppressed. However, the prosecutor can use other types of evidence such as eyewitnesses.
    Answer Applies to: Michigan
    Replied: 12/2/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Stop dreaming. Miranda only has to be read post arrest, and only if the cop intends on interrogating you after you are cuffed. Most cops are trained to get everything they need from your mouth prior to arrest, so Miranda rarely applies. You need to hire a lawyer, because petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye.
    Answer Applies to: California
    Replied: 12/2/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Please ask a Michigan lawyer for details. In general, Miranda only applies to custodial statements given in response to interrogation. The remedy for a Miranda violation is suppression of custodial statements.
    Answer Applies to: Washington
    Replied: 12/2/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. The fact that she was excluded from the property 2 years ago, leads me to assume that she had a prior shoplift. I suggest that you consult with an attorney to help your wife on this one.
    Answer Applies to: Washington
    Replied: 12/2/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Answer Applies to: New Hampshire
    Replied: 4/14/2013
    Douglas M. Philpott, P.C. | Peter J. Philpott
    It depends on who questioned her. If it was store security Miranda is not necessary as it must be a government agent conducting the questioning.
    Answer Applies to: Michigan
    Replied: 12/2/2012
    Mary W Craig P.C. | Mary W Craig
    Miranda rights do not make an arrest valid or invalid, but if your Miranda rights were not read to you before police took you into custody and started asking you questions, then the statements that you made to them may not be admissible if your case is tried.
    Answer Applies to: Alabama
    Replied: 12/2/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A case is not dropped because Miranda rights are not read.
    Answer Applies to: Florida
    Replied: 12/2/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Miranda rights apply to statements made when you are under arrest and subject to interrogation. If the rights are not read, those statements can not be used, although other evidence is still valid. You should consult with an attorney to discuss your rights and options along with all potential defenses to this charge.
    Answer Applies to: Michigan
    Replied: 12/2/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your Miranda rights only need to be read if they question you.
    Answer Applies to: Nebraska
    Replied: 12/2/2012
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