Brooklyn, NY asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York

Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

1 Lawyer Answer
Peter Wade Kolp
Peter Wade Kolp
Answered
  • Criminal Law Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own statements etc but it may be a path towards his acquittal or a favorable plea. However, it should be noted its difficult but not impossible to prove as its the officers word and the defendant rarely if ever testifies. Certainly the defendant doesn't testify at the hearing on this.

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