I WAS NEVER READ MY MIRANDA RIGHTS, WHAT CAN I DO ABOUT THIS???WILL IT HELP MY CASE??

Asked almost 2 years ago - Jonesborough, TN

I WAS ARRESTED DURING THE NIGHT AND WENT TO COURT THE NEXT MORNING FOR AN ARRAIGNMENT....BAIL WAS NOT LOWERED (21000). I THEN GOT OUT OF JAIL ON BOND THAT NIGHT. I HAVE ANOTHER SET COURT DATE IN 4 DAYS. WILL THEM NOT READING MY RIGHTS HELP MY CASE AT ALL???? I WAS APPOINTED A PUBLIC DEFENDER BUT.....I THINK I MIGHT WANT A LAWYER INSTEAD!! WHAT DO I DO????

Attorney answers (3)

  1. Patti Jon Burton Garner

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You have an attorney. It would be unethical for another attorney to advise you. However, if you choose to retain private counsel, you are entitled to do so.

    If you find this answer helpful, please let other readers know by marking the answer as "helpful". No... more
  2. Andrew David Cherkasky

    Contributor Level 10

    2

    Lawyers agree

    Answered . If they didn't read you Miranda at the proper time, you may have an argument that any statements you made after and evidence they gathered based on your improperly obtained statements may get tossed out. That said, they would still be able to use evidence that was properly obtained.

    It is always a good idea to shop around for an attorney you will be satisfied with. Public defenders are often very good lawyers, but may have too many cases to give you the attention you desire. Avvo is a great place to find attorneys in your area.

    Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice... more
  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The protections of Miranda v. Arizona apply only to custodial interrogation.

    Tell your criminal defense attorney about this, but it does not sound as though Miranda applies.

    If it does, a motion to suppress whatever you were interrogated about might be needed.

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