What can be done in court if I was arrested for possession and I wasn't read my rights? 11 Answers as of December 18, 2013

I went to pick my friend and her boyfriend up. He did pot in my car while I was outside talking to my friend. Obviously I didn't know about it but the cop pulled me over cause he said there was a "strong marijuana smell" coming from my car. He did a search and found it and arrested all of us but I wasn't read my Miranda rights. The cop also lied and said that less than an ounce was a felony and when he was writing out reports he said he didn't right us up as a felony charge because he was "being nice". What can I do about this in court?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
He did not have to read Miranda if he did not question you AFTER you were arrested. you have a defense that you had nothing to do with the marijuana.
Answer Applies to: Michigan
Replied: 12/18/2013
Universal Law Group, Inc. | Francis John Cowhig
Hire an attorney. 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: 12/16/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
The failure to read you your Miranda rights would be an issue if you made statements and if you were in custody at the time you made those statements. The rights are not required to make an arrest valid. Cops lie. His having lied to you is not a basis for dismissal. You can contest the basis for the stop and/or the search that followed that stop but the lie is not meaningful.
Answer Applies to: Minnesota
Replied: 12/16/2013
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. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. 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 not to make self-incriminatory statements and the right to legal repartition, 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 to detain or arrest a suspect. 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 prior to his having his rights 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. Police can and do lie. They lied to you when they said less than an ounce is a felony. This was legal.
Answer Applies to: California
Replied: 12/16/2013
Law Offices of Nicholas M. Loncar
Law Offices of Nicholas M. Loncar | Nicholas M. Loncar
Miranda rights violations lead to suppression of statements. Probably wouldn't help a possession case. There may, however, be other defenses. Consult with some local attorneys soon.
Answer Applies to: California
Replied: 12/16/2013
    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: 12/16/2013
    Ascheman & Smith | Landon Ascheman
    Hire an attorney. Officers commonly lie, they are trained to do so, and authorized by law. That being said, the officer is not required to read you your Miranda rights unless he chooses to question you while your under arrest and wants to use those statements in court.
    Answer Applies to: Minnesota
    Replied: 12/16/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney and attempt a defense, you do not what a drug offense following you for the rest of your life.
    Answer Applies to: Michigan
    Replied: 12/16/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    It's not illegal for cops to lie to defendants. It happens all the time. It's not illegal for cops to arrest a person without reading them their Miranda rights. The only reason a cop reads you your rights is if he wants to question you while in police custody and use your testimony against you in court. If evidence of the crime is obvious, they have no reason to question you, so they don't bother reading your your rights. You need to hire an attorney to represent you as soon as possible. If you have no prior convictions, your attorney can probably get the charge dismissed or amended to a lesser offense, such as "Littering." You will have to pay a fine and court costs, but you probably won't have to appear in court.
    Answer Applies to: Missouri
    Replied: 12/16/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The myth of the Miranda Warnings are that they must be read every time you're arrested and if they don't, the charges get dismissed. Neither one is true. The requirement for Miranda Warnings is two-fold: 1) you need to be in police custody (not free to leave, under arrest) AND 2) the police are asking you potentially incriminating questions. If they arrest you and do not wish to question you, they do not have to read you Miranda Warnings. The remedy if there is a Miranda violation is to suppress (not allow into evidence) the incriminating statements. A Miranda violation will never, ever invalidate an otherwise lawful arrest. Consult with an experienced criminal defense attorney in your area to thoroughly review your case and discuss your options and likely outcomes.
    Answer Applies to: Michigan
    Replied: 12/16/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Miranda does not matter here. It's really a search issue, not Miranda.
    Answer Applies to: Nevada
    Replied: 12/16/2013
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