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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

  1. "[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.

  2. 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.

  3. 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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