If a cop doesn't read you your rights can you have the charge thrown out?

Asked over 4 years ago - Mississippi

Got pulled over and cop found less then half a gram of weed in a pocket of shorts that I forgot was there. He arrested me and charged me with possion in a motor vechile, but never read me my rights. I have been told that if I haven't had my rights read to me within 72 hours, that I can getthe charges dropped.

Attorney answers (2)

  1. Victor Wallace Carmody Jr.

    Contributor Level 14

    Answered . Your question does not state the reason for wich you were stopped.if the officer had a reason to pull you over he may also have some limited authority to pat you down for his safety. Possesion of Marijuana in a motor vehicle in Mississippi carries UP to 90 days in jail, UP to 500.00 dollar fine ,and a 6 month suspension of your driving priveledges.This is a serious offense and you should contact a criminal defense Attorney ASAP.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Since 1966, Miranda v. Arizona has served as the touchstone for the exploration of the scope of that privilege during a period of custodial interrogation. Our Fifth Amendment to the United States Constitution guarantees to all people the privilege to be free from compulsory self-incrimination.

    Anything you said once in custody may be subject to being suppressed. Tell your attorney. Just because you were not Mirandized does not mean you win.

    Miranda Rights

    The Court in Miranda created right to counsel procedural safeguards to adequately ensure that the accused know their rights and that the police honor them. The Miranda Court recognized that "[a]n individual swept from ... familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to ... techniques of persuasion ... cannot be otherwise than under compulsion to speak."

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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