If a juvenile was charged with possession of marijuana and trespassing but was not told their Miranda rights, will the case be dismissed?

Asked on September 19, 2015 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You only need be given the Miranda warning if you under arresst and are then questioned. This excludes questioning incidental to the booking processs being asked your name, address, birthdate, etc..
Additionally, if you were so questioned, only the statements that you made at that time are excluded form being introduced in court. Any other evidence can still be used against. This means that unless there is no other such evidence the charges will not be dismissed and your case can go forward.


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