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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?

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

Posted

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.

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Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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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 to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com

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Posted

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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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