If I was not read my Miranda Rights after being arrested for marijuana possession, is that merit for dismissal?

Asked over 4 years ago - Portales, NM

A deputy was permitted to enter my home because he told me he was looking for a missing person and my apartment was one of the missing person's previous addresses. He found a pipe and threatened to take me to jail if I didn't allow him to take the pipe and marijuana. I let him and he told me that he would not come back. The next morning he did come back with a warrant for my arrest and took me to get booked. At no point during this whole process was I ever read my Miranda Rights.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . 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.

    Just because you were not read Miranda Rights does not mean the case automatically gets dismissed. I agree with my colleage Mr. Bailey.

    The Court in Miranda in 1966 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.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . No, the case does not get dismissed because he did not give you your Miranda rights. Whether you have a viable Motion to Suppress is something you need to discuss with an experienced NM criminal defense lawyer. Good luck.

    DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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