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.
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.
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