Should the Miranda warning have been read to me prior to charging me with 3 drug charges? 9 Answers as of October 24, 2013

I was recently pulled over for a traffic violation. I was asked to get out of the vehicle. In doing so, I was pinned up against the vehicle by another officer, due to a piece of paper falling out of the vehicle and being mistaken as a substance during me exiting the vehicle. It was thought that I had thrown a substance under the vehicle, this was not the case. Although other substances were found, I had no related substance that was accused of me by officers throwing underneath the car, which was found to be a piece of paper. After being rushed and cuffed, I was then searched but never read my Miranda rights. Two substances were found. Can these charges stand in court if the Miranda rights were never read to me?

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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 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.
Answer Applies to: California
Replied: 10/24/2013
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.
Answer Applies to: California
Replied: 10/23/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Cops can arrest, DA can charge, jury can convict without Miranda if all elements can be proven - as it seems in this situation - without using your post-detention statements.
Answer Applies to: California
Replied: 10/23/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor's case in chef unless the suspect was informed of the right to not make self-incriminatory statements and the right to legal, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor's case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required for a person to be detained or arrested. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
Answer Applies to: California
Replied: 10/23/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
There are a lot of myths about when the police have to read you Miranda warnings and what the consequences are if they don't. Police officers only have to read you Miranda warnings when you are in police custody, such as being under arrest, and subject to interrogation or the police asking you incriminating questions. They do not have to read you your rights simply because you are being placed under arrest. If there is a Miranda violation, the remedy is to seek suppression of the incriminating statements. A Miranda violation will never ever invalidate and otherwise lawful arrest. However, there may be other issues from your case that can be argued or used as leverage to get the charges reduced or dismissed.
Answer Applies to: Michigan
Replied: 10/23/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Only need to read the Miranda warning if they question you. Most arrests don't require it. Best to hire a good attorney to fight this.
    Answer Applies to: Nebraska
    Replied: 10/23/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Yes. The police don't have to read you your Miranda rights. They can arrest you without reading you your rights.
    Answer Applies to: Missouri
    Replied: 10/23/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Yes. Miranda only applies to statements you make to officers when you are in custody, and it is only the statements themselves that will be suppressed if there is a violation. You may have other issues in your case, however, that a qualified criminal defense attorney can identify.
    Answer Applies to: California
    Replied: 10/23/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    I don't see any allegation that the cops questioned you. Miranda only applies to, and if there is, custodial interrogation, contrary to the suggestion in cop shows on TV.
    Answer Applies to: California
    Replied: 10/23/2013
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