What can I do if I was not read my miranda rights when I was arrested? 47 Answers as of May 27, 2011

I was walking out of the store and was almost ran down by the cop who arrested me for a warrant I had for driving on a suspended license. He arrested me and never read me my rights either. Also he was very rude almost ran me over with his car and acted like I had robbed the store and treated me like crap. what if anything can i do about this?

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Miranda rights are very important because if you are not advised of them at the time of your arrest, any statements you then make would be suppressed.
Answer Applies to: Washington
Replied: 5/27/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
This is a matter for your attorney to analyze in the context of your entire defense.
Answer Applies to: California
Replied: 5/27/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Not being mirandized really only comes into play when you give a statement. You can file a complaint with the police department, but that is about it. However, you might wait to see what happens on the criminal case before you stir the pot, so to speak. If you have any further questions, please feel free to contact my office.
Answer Applies to: Missouri
Replied: 5/3/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
The rules surrounding the requirements to Mirandize a suspect are often misinterpreted due to the way that they have traditionally been portrayed in the media. While this can in fact sometimes represent a legal loophole it is not always the case. We would need more information about the specific details leading up to your arrest and/or interrogation in order to make a valid assessment. Unfortunately, while the conduct of police officers is regulated to a certain extent, there are no legal requirements of courtesy. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 5/3/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The remedy for not reading miranda rights is suppression of any statements. Since you already had a warrant out for you, then miranda does not enter into the picture. It sounds like miranda is not the way to go in your case, unless there is something about statements after being questioned when in custody. Should you need representation in your case, you should contact my office for an appointment.
Answer Applies to: Michigan
Replied: 5/1/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    Get a lawyer and defend yourself.
    Answer Applies to: South Carolina
    Replied: 5/2/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Unfortunately there is nothing you can do, other than file a complaint that goes to this officer's supervisor - if he/she is on then ice already, you may see some satisfaction, but . . . well, you can form your own opinion on whether or not it will do any good.

    As for the Miranda Rights, these rights attach when you are arrested and if violated, the relief is to suppress any statements you made. You are still under arrest, nothing has changed that, the Miranda Rights limit a cops ability to ask you questions and then use the answers, if any, in a court of law.
    Answer Applies to: Texas
    Replied: 5/1/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The cops don't have to read you your rights. The only reason they do is so that the prosecutor can use your statements against you. Unless you confessed, the Miranda Rights have nothing at all to do with your situation. As far as the way you were treated, you need to find a civil rights lawyer.
    Answer Applies to: Washington
    Replied: 5/2/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If a cop failed to read you your miranda rights when he arrested you, it is possible that the statements you made to the cop after the arrest would be suppressed. This would be beneficial if you gave them damaging information that they were trying to use as evidence against you in your case.
    Answer Applies to: California
    Replied: 4/29/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Unfortunately, there is nothing you can do. Miranda rights do not apply unless you are being questioned in a custodial environment. Best of luck in your legal process and view my website for further information.
    Answer Applies to: Michigan
    Replied: 4/29/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    This is a very common question. Quite a few clients have reported to me that the Miranda warning was not read to them at the time of their arrest. Most of us recognize from various legal programs a Miranda warning should be given upon arrest. Typically this would only become an issue if the arrested party was questioned and gave a statement. If no questioning occurred, and no statement was given, then no harm has been done. In other words, an arrest does not become invalid simply because a Miranda warning is not given.
    Answer Applies to: California
    Replied: 4/28/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Police don't have an obligation to give Miranda Rights when serving a warrant.

    You can make a complaint to the Police Department about the rudeness
    Answer Applies to: California
    Replied: 4/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    A person must only be read the Miranda rights if (1) they are in custody and (2) they are being interrogated. Even if a violation of Miranda occurs, the remedy you get is that any statements you made could not be used against you - not that the case is completely thrown out. As to the officers actions, they sound like he was very inappropriate but it probably is not anything that will result in your case being thrown out. However, you can complain to the Internal Affairs department of his police agency and report his bad actions - he might face some internal discipline due to his actions.
    Answer Applies to: Colorado
    Replied: 4/29/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    This response is general information only and does not establish an attorney client relationship. However the law regarding whether and if so, when the police have to read you your Miranda rights is fairly complex and depends upon the specific facts of the case. Generally they do not have to read you your Miranda rights when they arrest you, unless they are interrogating you when you are in custody.Police cannot interrogate you without having read you your Miranda rights if you are in custody. However there is a common law right of inquiry- this means the police can ask certain questions that do not rise to the level of interrogation- it is not always easy to determine when a person is being interrogated versus merely being questioned pursuant to the common law right of inquiry. I is also not always easy to determine when a person is in custody. Generally it means at the point in time when you are not free to leave ( either at police station or at a location where the encounter between the police is taking place ). You should hire an attorney. If the Police violate any of your rights you may have a Civil Rights case you can file.
    Answer Applies to: New York
    Replied: 4/29/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The officer does not need to advise you of your miranda rights unless he wishes to interrogate you relative to a criminal investigation. Also, you must be in a custodial situation before the officer must advise your rights. In this case, you were in custody for an outstanding warrant, if the officer wanted to question you about a criminal investigation, he must first advise you of your rights. An officer being rude to you gives you no cause of action against him. You may be able to make a complaint to his supervisors as to his performance, but it will not be something you can benefit from.
    Answer Applies to: Kansas
    Replied: 4/28/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Hello, Sorry, but there is little that can be done in your situation. The reading of your "Rights" only applies or is important when you've been questioned and given an inculpatory statement, meaning a confession. Otherwise, it has very little purpose, except to tell you have the right to an attorney at all stages of the proceedings. If there's no statement given and you were arrested on a Warrant, then there is little to be done. Good luck.
    Answer Applies to: New York
    Replied: 4/28/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    If you're pulled over for a warrant for driving on a suspended license in Arizona, you may not be read your Miranda rights. Officers do not have to read you your Miranda rights. The way that officers treat people can lead to civil action against the officers if they use excessive force. If you are overly polite, but still protecting your constitutional rights, the officer will likely be polite in return. Anytime you have an active warrant in Arizona, you run the risk of being arrested and booked. It is much easier to hire an attorney to quash the warrant and handle the case, rather than be stuck in custody.
    Answer Applies to: Arizona
    Replied: 4/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Cop is only required to "read your rights" to you if you are being detained in a custodial situation [not free to leave] AND he is going to interrogate you. As to the manner of his behavior, file a complaint with his organization's internal affairs unit.
    Answer Applies to: California
    Replied: 4/28/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Miranda applies only to custodial interrogations. These warnings are designed to protect individuals in custody and advise them of their right against self-incrimination. If a person is in custody and is interrogated without being given the Miranda warnings, then these statements are generally inadmissible in court. You may lodge a complaint with the law enforcement agency's internal affairs department regarding the arresting police officer's rudeness, but there is no constitutional right that one has to being arrested by a polite police officer.
    Answer Applies to: Georgia
    Replied: 4/28/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sorry, but cops don't have to read you your rights unless you are being questioned. The fact the cop asks your name is not questioning. All you can do is to file an official report with the police dept. complaining of the way the cop drives and I would encourage you to do so. The cop probable drives like a reckless jerk because he is and when he hurts someone then his lawyer can get access to his file and use your complaint to show his recklessness. Not likely you have much other recourse. Hope that helps.
    Answer Applies to: Nebraska
    Replied: 4/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are The Goolsby Law Firm, LLC located in Augusta, Georgia. You should retain an experienced criminal lawyer in your community to advise you as to all your rights and options. Your attorney can look into this matter, but he or she may inform you that the failure to read Miranda does not necessarily result in a case dismissal; instead, at most, it usually only means that a custodial statement taken as a result of interrogation would not be admissible. Again, talk it over with your attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 4/29/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    If the officer did not question you about your case while you were under arrest he does NOT have to read you a Miranda warning. Miranda applies when a police officer wants to question a person who is in custody. No questioning = no Miranda.
    Answer Applies to: Georgia
    Replied: 4/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you the Miranda warnings unless you are interrogated while in custody. As far as his aggressive behavior you can file a complaint so that he does not treat citizens that way in the future, but almost hitting you with his car is not something you could sue over. You have no damages if all he did was shout at you or swear at you, or act in a rude manner. The police should be polite, professional, and respectful, but I do not know how you acted or whether you cooperated, followed his orders, or resisted his arrest. If you upset him with something you said or did, like accusing him of almost hitting you, then he is going to be very rude to you. The police do not take any lip from suspects or people they are arresting. If you are not polite and cooperative they will throw you to the ground, cuff you, and even beat you. It is advised to always follow their orders immediately, don't make any statements or answer any questions other than pedigree information such as name and address and never resist arrest or question their authority or it will become much worse and add additional charges.
    Answer Applies to: New York
    Replied: 4/29/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Nothing! The only time not being read Miranda Rights gets you anywhere is if you confess after they did NOT read you your rights. Otherwise it doens't mean anything. No harem, no foul.

    But I would wait until your court ordeal is over and then report this pig to Internal Affairs. It will help the next person who gets hassled by him as if they file a Pitchess Motion (discovery of complaints against a cop) they will be given your information and the person can then use it to negotiate with the DA since this guy is now on record as being a total asshole - or if he goes to trial he can subpoena you as a witness to let the jury know what the cop did to you. ie. Let's say the cop used racist language against you. The next guy gets busted and says the cop used racist language toward him. Cop denies it. Now you can testify as to what happened to you and suddenly the cop looks like the asshole he is. Good luck. Always report cops who do something wrong to Internal Affairs.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    A cop is not required to read you your rights.

    They only need to do that before questioning you, as if they question you without first telling you your Miranda Rights, then the answers could be excluded from evidence once the case goes to court.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Not much. Failing to read Miranda warnings is only important if you admitted something. And you don't really have any remedy for the police being obnoxious.
    Answer Applies to: Oregon
    Replied: 4/29/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    Unfortunately there is nothing you can do. The police don't have to read you your rights unless they want to question you and use your responses against you. Unless you were injured there is nothing you can do about how you were treated. You could file a complaint with the police but that won't get far. Sorry for the bad news.

    I hope this helps you sort your legal situation out. If you want to set up a free consultation to go over your situation in more detail or to retain me to assist you with this matter, please email me.
    Answer Applies to: Hawaii
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should hire legal counsel immediately. Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Miranda rights only come in to play if the police have you in custody, interrogate you, and then use those statements against you.
    Answer Applies to: California
    Replied: 4/29/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    First, law enforcement only needs to read you your Miranda rights after you are arrested, but BEFORE your are questioned. An arrest alone does not trigger the right to a Miranda reading. If you feel that the office exceeded his authority in conducting the arrest, you can certainly call his superior and ask to file a formal complaint against that officer. It would be best to consult with a criminal lawyer before making this decision. If you would like a free consultation to discuss this matter, please feel free to contact our office.
    Answer Applies to: California
    Replied: 4/29/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Unfortunately, there is little you can do regarding the officer's conduct, except report it to the police officials in the city where the cop was employed. The fact you were not read your rights is irrelevant in your case as you were arrested for an outstanding warrant, unrelated to the arrest of you on the day in question. Rights become relevant if you confessed to a crime without being advised of your Miranda warnings, and from what you relate here, this was not the case.
    Answer Applies to: Illinois
    Replied: 4/29/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Nothing. Miranda is a rule of evidence and nothing more. If you were in custody, questioned, and admitted something damaging, you could have the statements suppressed if you were not read your rights, but in your case, the arrest is not illegal. Your best bet is to try and beat the case as you stated he arrested you on an old warrant where you failed to appear for a driving offense. After that case you can send a letter or complaint to his supervisor complaining of the officers conduct which will cause an investigation and go on his record. You should also see if there are any witnesses to the officers conduct in the store, who can write up a similar statement as to what happened.
    Answer Applies to: Maine
    Replied: 4/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    4-27-11 There is no requirement for a police officer to read you Miranda rights pursuant to an arrest. He is required only to read you Miranda rights if he is going to take a statement (confession) from you. Failure to properly advise a person arrested of Miranda rights only makes their statement to police inadmissible and does nothing to invalidate the arrest.
    Answer Applies to: Alabama
    Replied: 4/29/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Defend the charges like any other criminal defendant. Miranda warnings are only required when seeking a confession after arrest. If that happened, you may have grounds for an evidence suppression motion. Him being rude is common, and is not a defense to the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of David Swanson
    Law Office of David Swanson | David Swanson
    Miranda only applies after you have been taken into custody, like arrested. Then, if you made statements that the prosecution wants to use IN TRIAL against you, there must be a valid Miranda waiver by you. If there are no statements or the prosecution doesn't want to use them, it makes no difference if you weren't Mirandized.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It depends if you made any statements. Miranda rights have to do with you making statements. If you didn't make any statements, the police violating your Miranda rights will have no bearing on your case.
    Answer Applies to: Massachusetts
    Replied: 4/29/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    It sounds like he didn't have to read your Miranda rights. The police must read you your Miranda rights only when you are in police custody AND being questioned.
    Answer Applies to: California
    Replied: 4/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Miranda Rights are only required in circumstances where an individual is 1) in custody and 2) being interrogated. There are many factors consider in making a determination if there was any sort of Miranda issue with your case. At the very least much more information is needed at this point. If you have a criminal defense lawyer, they should be able to fully explain and evaluate any potential violations. If not, you should immediately contact an experienced criminal defense attorney to do so. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/28/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    If you were not read your Miranda rights, anything that you said may be thrown out. You are still under arrest. Further, if you think the officer treated you wrong, you are more than able to sue him in civil court but you will need to prove more than just being treated like crap.
    Answer Applies to: California
    Replied: 4/28/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Suppress any statements that you made. That's the relief for violating Miranda. Under your facts, it doesn't sound like it applies. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Police only have to read you your rights if they are asking you incriminating questions while in police custody. Just because they arrested you does not automatically mean they are required to read you your rights. This is probably one of the most misunderstood aspects of the law among non-lawyers. Television and movies haven't helped matters any. Being rude, while not very nice, is not something that will get your charges reduced or dismissed. You can file a complaint against them if you feel that strongly about it. However, if they elicited incriminating statements against you without the benefit of Miranda Rights, contact an experienced criminal attorney. He may be able to get it suppressed if they did indeed violate your rights by not reading you your Miranda rights when they were required to.
    Answer Applies to: Michigan
    Replied: 4/28/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    The police do not have to read you Miranda warnings unless you are in custody AND being interrogated.
    Answer Applies to: New York
    Replied: 4/28/2011
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