Bagley, MN asked in Car Accidents and Criminal Law for Minnesota

Q: Charged with driving after cancellation and inimical to public safety but cop didn’t read rights or have lights on I was

I was brought to jail released following day on promise to return to cort tommorow

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2 Lawyer Answers

A: You didn't complete writing your question. The officer is not required to read you your rights unless he/she is going to engage in custodial interrogation. Simply issuing you a ticket or taking you to the station does not require a reading of the Miranda rights. I don't know what you are indicating about the officer not having his/her lights on.

A: All i can say in response to this is to encourage you to fight the charge, ideally with a good defense lawyer representing you. A Miranda warning is required when both of these two things have happened: 1) the person is "in custody;" and 2) police are asking questions. If police gain fail to do that, any information they obtain as a result should be suppressed by a judge. The prosecution may still have other evidence to use to support their claims, however.

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