I called police after being sexually assaulted at gunpoint, beaten, threatened and choked nearly to death. I informed dispatch I had an out of state warrant. I was told not to worry about that. I was picked up by an officer, questioned, transfers to a second car after i was arrested on the warrant. At no time was I given miranda. I was told the man that assaulted me Hadn't commuted an arrestable offense and wasn't arrested. I then gave probable cause to return to the apartment of the rapist but police refused to return even though they would have gotten a pound of meth off the streets.
A suppression motion on what case? And seeking to suppress what evidence? Unless I'm totally misunderstanding what you're saying, you didn't get arrested for whatever was going on then, you just got arrested on this out of state warrant. You can't suppress an arrest. Suppression motions seek to keep out some specific but of evidence from being heard and considered at trial. On top of that, I don't think Miranda warnings really have anything to do with the situation you're describing here.
You only have to be read your Miranda Rights if the police intend to question / interrogate you while you are in custody. If they do not plan on asking you any FACT RELATED (caps intentional) questions then they do not have to read you your rights.
The police are free to ask you non-fact related questions while you are in custody (such as your name, date of birth, etcetera) without violating your rights, and the "remedy" (where they violate the rule and question you while in custody and without first advising you per Miranda) is that any statements that you make are inadmissible against you (the case does not get dismissed).
That said, you were arrested on a warrant not on a new substantive offense. As to the underlying warrant case Miranda at the time that the warrant was served is utterly irrelevant BUT (caps intentional), as to the underlying case your may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in that unique case.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: Locate an experienced criminal defense lawyer in whatever jurisdiction that the warrant was issued from, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Miranda violations only result in certain statements being excluded.
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