Q: Could I get my charge dropped because the cops never read me my rights?
They never read me my rights or even said that I was under arrest, they just told me to "turn around," and I automatically put my hands. They came into my hotel room and I gave him permission to search it and they found drugs in my friends bag so I knew I was potentially going to get arrested but they never actually said anything besides "turn around." Both me and my friend were never read or rights. They didn't even say "[Full Name] you are under arrest for [crime]." Dages cuffed us and walk to start the car. Don't cops have video cameras and mic's on their person that should've recorded the entire thing? Is it possible for me to get the charges dropped since I was never read my rights?
A: Unfortunately, it's not that simple. Your rights under Miranda basically only apply to custodial interrogations. You're going to want to get a lawyer to review the video tape and police report.
Kiele Linroth Pace agrees with this answer
A:
You should discuss this issue with your criminal defense attorney in private rather than posting about it in public.
Generally speaking, incriminating statements made during custodial interrogation can not be used against a defendant unless he was given the Miranda warnings. It sounds like the reason you were arrested was not because of a confession, but rather because of the drugs they found after you gave them consent to search your room. If this is true then, even if the statements you made after you were in custody are suppressed, the state can still use the drugs found in your hotel room as evidence against you. They won't drop the case if they can use the drugs against you. That is a myth from TV cop shows.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
