Portland, OR asked in Criminal Law for Oregon

Q: I was arrested, but never read my rights. How does this affect my case?

I was arrested for misdemeanor possession charge and booked and released the same day. I have no prior record. Is there a chance that I could get out of these charges because I was never read my rights?

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1 Lawyer Answer
Brandon C. Foy
Brandon C. Foy
  • Criminal Law Lawyer
  • Stanfield, OR
  • Licensed in Oregon

A: The answer depends on how much, if any, of the case against you is based on statements you made during police interrogation while in their custody. If this happened before being advised of your Miranda warnings you might be able to have such statements and any evidence gained because of them excluded from the prosecution’s case against you. That said, even if the court excludes this evidence the prosecution may still have other sufficient admissible evidence to prove your guilt.

You should consult with an attorney about this and other possible ways to help you achieve the best-possible outcome. Best of luck to you.

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