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If a cop doesn't read you your rights can you have the charge thrown out?

Mississippi |

Got pulled over and cop found less then half a gram of weed in a pocket of shorts that I forgot was there. He arrested me and charged me with possion in a motor vechile, but never read me my rights. I have been told that if I haven't had my rights read to me within 72 hours, that I can getthe charges dropped.

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Attorney answers 2


Since 1966, 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. Tell your attorney. Just because you were not Mirandized does not mean you win.

Miranda Rights

The Court in Miranda 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.

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Your question does not state the reason for wich you were stopped.if the officer had a reason to pull you over he may also have some limited authority to pat you down for his safety. Possesion of Marijuana in a motor vehicle in Mississippi carries UP to 90 days in jail, UP to 500.00 dollar fine ,and a 6 month suspension of your driving priveledges.This is a serious offense and you should contact a criminal defense Attorney ASAP.