Q: If a judge reads a person their miranda rights would that indicate they are not neutral and detached? MORE IN DETAILS
I was convicted of DWI in August of 2012 in the Watkins Glen village court in N.Y. state. Absent any legal remedies to seal or expunge my conviction I have been looking for procedural errors in my case in order to file a 440 motion and vacate the charge. In my arraignment the judge actually read me my miranda rights, possibly trying to keep my statement in court when it should have been suppressed. Shouldn't I have been made aware by the prosecution if the cops didn't read my rights under Brady v. Maryland? My lawyer also made mistakes nearly identical to the lawyer in this case People v Rivera 2012 NY Slip Op 00043. My lawyer conducted no investigation and I highly doubt he watched any footage available of the arrest and he recommended I plea to the misdemeanor DWI.
A: You should have a lawyer handling this. There is no problem with a judge advising you of your rights---in fact that is required at an arraignment. Miranda warnings are not even required absent custodial interrogation. Were you interrogated while in custody?
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