Is it required for the police to read you your Miranda rights before arresting you?

Asked over 2 years ago - Fredericksburg, VA

I was arrested and charged with Class 1 misdemeanour, the police would not allow me to call my attorney, (or call him once I was at the jail), I was never read my rights. I was held for 5 hrs. with no offer of food or water. I am innocent of the charge. Wife was inebriated, upset, no sleep, claimed I held and bruised her wrist. I am 59, never been arrested. I have never been accused of abuse. I have never hit a female in my life. I have not been to court yet. Two questions: How difficult is it to beat this false charge Can I file a complaint/charge against police for not reading me my rights? Also, since I was not read my rights, can the police testify against me? Thanks I love your service!

Attorney answers (3)

  1. Barry Franklin Poulson

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The remedy for failure to provide the Miranda warnings is they the police cannot use your statement against you in court. You need an criminal defense attorney. Your attorney can work to reduce the impact of this charge on your life. Time to switch from thinking about suing the police (not viable here), to protecting your future. MAKE NO admissions here on this public forum.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you were not questioned/interrogated in a custodial setting, cops do not have t read you your rights. You cannot be interrogated without your attorney if you demand to have him or her there.
    You need to hire an attorney. He or she will know how to address the actions of the cops.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Andrew Joseph Cornick

    Contributor Level 9

    1

    Lawyer agrees

    Answered . It is impossible to predict how difficult it will be to, in your words, beat this false charge. I say that because there are many variables (witness statements, photographic or other physical evidence, etc.) that can influence the outcome which should not be discussed in public. You should consult privately with several defense attorneys and try to find one you trust to represent you.

    Best of luck,
    Andy Cornick
    Fredericksburg, VA

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