Scotch Plains, NJ asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Jersey

Q: If i didnt get my Miranda rights read to me?

I was pulled over after long conversation with officer he searched my car, me and arrested me with out reading me my Miranda rights. I was charged with a criminal charge. Since I was not read my rights as a part of an American citizen and having my rights, should the case be dismissed due to not reading me my rights?

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Not necessarily your Miranda Rights only apply if the prosecutor intends to use any of your statements against you which were given while you were under custodial interrogation. I suggest you hire a lawyer to find a possible better defense.

Leon Matchin
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Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: no. only if you made incriminating statements while under custodial interrogation you can file motion to suppress those statements.

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