Cincinnati, OH asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for Ohio

Q: Do I have a case, when my rights was refused to be read to me?

I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated to get my meds. Since I'm hiv positive. Could eat for about a week due to having certain diet. The debuty that also knew him after telling her several times I needed the nurse due to injuries. Wouldn't tell the nurse. Now I have daily panic attacks eating problems. Lost my job. Can't see my kids. Cps not letting me see my kids even tho I passed the drug test and mental assessment. Now one of my kids is placed in another family which I wasn't informed about court date and Anything else's, which charges are being dropped, but my court order attorney wouldn't put a motion to get my last date sped up so the rest of my charges could be dropped. Which caused me ro loose one kid and now maybe another.

1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Divorce Lawyer
  • Canton, OH
  • Licensed in Ohio

A: In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal remedy is that any statements made by the suspect during the interrogation may be excluded from use as evidence in a criminal trial.

So, if the Miranda warning isn't given in Ohio, the person being interrogated may have a stronger defense against self-incrimination in court. They can potentially argue that any statements they made during the questioning should be excluded from the trial as evidence. However, the exact application of this rule can be complex and may vary depending on the specific circumstances of the case, so it's essential to consult with an attorney for advice tailored to a particular situation. Whether or not you were read your rights does not impact any of the other things that have occured to you.

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.