Do I have a case against my duo if I was not read my maranda rights when arrested?

Asked almost 2 years ago - Monrovia, CA

I was charged with dui a year or so ago. During the time of my arrest, I was not read my maranda Rights, put it cuffs and taken straight to jail. During my first hearing, my attorney says I have not case cause I could not prove it. Well how can they, the cops, prove they did but I can't prove they didn't? Is it know to late to bring this point up since it has been a while already or is this something that I may still have to use to my advantage. What I did was completely wrong yes, but I did and still do have rights. Do I have options here?

Attorney answers (3)

  1. David Jon Pullman

    Contributor Level 19


    Lawyers agree


    Answered . The police do not have to read you your rights unless they want to interrogate you after you are arrested. If they have arrested you and then they interrogate you without reading you your rights, then they can't use your statements against you.

  2. Michael Raymond Daymude


    Contributor Level 20


    Lawyers agree


    Answered . "[D]uo"? What is that? In any event, there is no cause of action against anyone for failure to read Miranda Rights.

    In fact, there is no requirement that the police read them to you, ever. There are consequences if they do not, and during the criminal case the prosecution attempts to use something you said against you, which is why they are read before questioning after you have been arrested.

    "They didn't read me my rights" is right up there with "the handcuffs were too tight" as the first words out of a defendant's mouth when first consulting an attorney.

    I am licensed in California only and my answers and information on Avvo assume California law. Answers and... more
  3. Elliot Rahmim Zarabi


    Contributor Level 18


    Lawyers agree

    Answered . What Miranda rights cover or any statements made that were the result of being in custody and interrogated. Is your case over?

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