Skip to main content

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

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

Posted

"[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 information provided by me is general information only. It is not legal advice. It must not be relied upon by you. Legal advice must be based on the interplay between specific facts and the law. This forum does not allow for the discussion of that interplay. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website between us are not privileged or confidential. All legal proceedings involve deadlines and time limiting statutes. So that you do not lose any legal rights for failure to timely take appropriate action for your situation, you should promptly and personally consult with an attorney for legal advice.

Mark as helpful

1 found this helpful

7 lawyers agree

3 comments

Naresh Arun Rajan

Naresh Arun Rajan

Posted

That's not entirely correct. There is a requirement that the police read a person their Miranda rights once the person has been taken into custody and the police are going to ask inculpatory questions. When you are in your own car during a traffic stop for a DUI, the courts have said that's not "in custody," so the police don't have to read you your rights before asking things like, "have you been drinking," and such. However, once you are cuffed sitting inside a police car, for instance, you are in custody and so, the police must read you your rights before asking any incriminating questions. Then, if you are charged with a crime based on the arrest and any statements you made, the court will not admit the statements against you in the prosecution if the statements were obtained in violation of your Miranda rights. That is, if the police questioned and got you to answer incriminating questions while you were in custody without having been read your rights, the court will not allow the prosecution to use the statements you made against you. That's, at least, what would happen if the court properly followed the law.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

An “ah-ha” moment! "Duo" = DUI! Still, no cause of action can be stated for failure to read Miranda Rights. I understood the Asker's criminal case to be over and done. Upon re-read, perhaps it is not. The Asker did not state that his statements to the police were to be used against him. He expressed a familiar misconception that failure to read Miranda Rights was somehow illegal. I appreciate and agree with your clarifying comment. It is additional information for the Asker which might be helpful.

Naresh Arun Rajan

Naresh Arun Rajan

Posted

I agree that there's no cause of action for failure to advise of Miranda rights. I also agree that it is a familiar misconception. I've had my share of clients who want their case dismissed for failure to advise of Miranda rights. Disappointment often awaits the misinformed.

Posted

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.

Mark as helpful

1 found this helpful

9 lawyers agree

2 comments

Angela M Berry-Jacoby

Angela M Berry-Jacoby

Posted

I would add that Miranda Warnings are not necessary when the officer pulls you over. Law enforcement can ask such preliminary questions as "have you been drinking?; when; where; how much; where were you just coming from; etc". After they gather information from that and administer field sobriety tests, they then may have the probable cause to arrest. Once arrested under these circumstances, Miranda should be given. If it is not, and if the officer asks questions and receives incriminating statements from the suspect, and the court believes the defense after a hearing on the matter, any incriminating statements made can not be used against you in the prosecution's case-in-chief.

Naresh Arun Rajan

Naresh Arun Rajan

Posted

That's exactly right.

Posted

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

Mark as helpful

6 lawyers agree

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics