What should I be charged with for breaking a store window? Do I have a case if the arresting officers didn't read me my rights?

Asked over 1 year ago - Coxsackie, NY

I broke a cvs store window. I was originally charged with attempted burglary, but I never entered the store. I even waited outside the window for a good 10-15 minutes before being arrested. So there shouldn't have been a reason of suspicion that I intended on entering the store. The police charged me for the crime without asking questions and without reading me my rights. My public defender told me that the fact that I was never mirandized didn't matter in this case.

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

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    Answered . The police only have to give Miranda warnings if you are: a) in custody; and b) being interrogated. Most initial street encounters do not require Miranda warnings. Even if Miranda is required and not given the case is not dismissed. The remedy for a defendant is suppression of the non-Mirandized statements. WIthout knowing the DA's version, Attempted Burglary seems excessive and the proper starting charge is criminal mischief but depending on the amount of damage (more then $250) that could be a felony too.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . Your PD is right. There is no issue about reading you your rights if you were not interrogated while in custody.
    Not entering is why it was an Attempt Burglary rather than a burglary.
    The fact that you didn't enter and waited 10-15 minutes is irrelevant for the arrest issue but may help in your final defense.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Arkady Bukh

    Pro

    Contributor Level 15

    Answered . Your attorney is right, there didn't need to be a Miranda warning at that point in the case. You did not need to enter the store for attempted burglary, they can use the fact of the broken window to bring that charge. Keep working with your attorney and give them all the facts so they can work best in your defense.

    If this answer was helpful please click that block. Answers in the forum are only general and it is always best... more
  4. Marco Caviglia

    Contributor Level 19

    Answered . If there is not demonstrable intent to break the window to steal, then it is criiminal mischief at worst or even an accident. It depends upon what you said. Miranda violations only result in a suppression of your statement during the prosecutor's direct case but can be used if you take the stand and say something different than you stated to the police. Why do you doubt the public defender? S/he does nothing but criminal law and has superior knowledge in criminal law than most attorneys have, and as you see, s/he was right on the Miranda.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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