I was arrested for shoving a man (simple battery which will be dropped) and after I was taken into custody I was never read my

Asked over 2 years ago - Atlanta, GA

rights...I was then placed into a car where people came and opened the door where police had to warn them. The real deal is that a small bag of cocaine was found in my top shirt pocket. I never have been arrested for anything like this and I never purchased cocaine. I was however very intoxicated that night but no drugs were found in my system. What can I do?

Attorney answers (8)

  1. Slavik Steve Leydiker

    Contributor Level 15

    5

    Lawyers agree

    Answered . The police are not required to read you Miranda unless they want to interrogate you and use your statements against you. You need to speak to your attorney and nobody else about this.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more
  2. Benjamin J Lieberman

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can get a lawyer to defend you. The police need not read you any rights unless they wish to question you. I would advise you not to discuss this matter with anyone other than your attorney. Good luck!

  3. Noah Howard Pines

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you have no prions arrests and it was not a significant amount of cocaine I should be able to get your placed into a pre-trial diversion program and get your charges dismissed. Contact me later today at 404-812-4305.

  4. Brett Ladd

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . The major concern is not that you were never read your rights- its that they found suspected cocaine on you when you were arrested.

    If you have no priors arrests, and it was not a significant amount of cocaine, many attorneys, including myself, should be able to get you placed into a pre-trial diversion program or otherwise get your charges dismissed. Feel free to contact my office.

    Good luck!

    You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do... more
  5. Regina Jeanette Matthews

    Contributor Level 2

    2

    Lawyers agree

    Answered . I agree with other attorneys who have commented. The fact that your Miranda Rights were not read does not provide any kind of viable defense for cocaine being found in your pocket. The Miranda warnings only become an issue if the police interrogate you and you make any type of incriminating statements.

    I also agree that in GA for a first-time offense with a small amount of cocaine that your attorney should easily be able to get you into a Diverison program so that the charges may be ultimately dismissed. Good luck!

  6. Scott William Dawkins

    Contributor Level 1

    1

    Lawyer agrees

    Answered . There is no question that the police were not required to read you your Miranda rights unless they were going to interrogate you. That will not be an effective defense to to your charges of simple battery or cocaine possession. However, as noted above, if you have little to no criminal convictions, you will most likely be eligible for a diversion program where your charges will be dismissed if you complete the diversion program.

  7. Richard A. Grossman

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . The police are required to read you your rights (commonly referred to as Miranda warnings) when you are in custody and are being interrogated. "in custody" means you reasonably believe you are not free to leave. "Interrogation" means you are being asked questions designed to elicit incriminating answers. It may be you were not read your Miranda rights if you weren't asked any questions.

  8. Dawn Marie Belisle-Skinner

    Contributor Level 8

    Answered . Unless someone witnesses someone putting something in your shirt unfortunately since it was found on your person you are considered being in possession of it. If it is a small amount and your record is clean or fairly clean you will be able to possibly work it out without any jail time.

    The advise given is based on the general information provided in the question without any knowledge of the details... more

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Criminal defense

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

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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