Can a felony case be dismissedif you were arrested but not read your maranda rights

Don't want to get a felony if possible chance of them wrong doing

Colorado Springs, CO -

Attorney Answers (3)

Richard Waldron Bryans Jr.

Richard Waldron Bryans Jr.

Criminal Defense Attorney - Denver, CO
Answered

You can be arrested without being read Miranda rights. Miranda is not triggered unless you are subjected to custodial interrogation.

The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
Christopher Daniel Leroi

Christopher Daniel Leroi

Criminal Defense Attorney - Parker, CO
Answered

As Mr. Bryans states. you only have to be read your Miranda rights unless you are being interrogated in a custodial situation. In such a situation, if they do not advise you of your rights, then any confession would be thrown out.

The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
John Lawrence Buckley

John Lawrence Buckley

Criminal Defense Attorney - Denver, CO
Answered

While the lack of a Miranda advisement MAY present a problem for the prosecution's case, it is rarely such a major problem that it results in a complete dismissal of the charges.

Your best bet is to contact a criminal defense attorney in El Paso County to discuss the specific facts of your case. If you are contacted again by law enforcement, DO NOT say anything to them and insist on a lawyer being present.

Best of luck to you.

John Buckley
www.buckleycriminallaw.com

No answer here should be considered to form an attorney-client relationship. You should consult with a licensed... more

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Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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