If the cops found less than a gram of marijuana on me and I pleaded “guilty” but was not read my rights, can I change this plea?

Someone near us had suspicion of several of us smoking at a park (we weren’t), so they called the police. I was walking away before the police arrived (because I had to leave). The cop whistled at me to come back when she saw me, so I did, and they asked to search me, which I agreed. They arrested me, asked me questions in the car, but never read me my rights. I got to the police station and pleaded “guilty”. I was not informed anything about my arrest, except the fact that I was arrested for possession.

Asked on July 28, 2012 under Criminal Law, Texas


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

When it comes to Miranda rights, any statements you make while "in custody" may be suppressed from evidence, if you were not informed of your Miranda rights.  Accordingly, the proper procedure is to file a "motion to suppress" any "in custody" statements you may have made without first having been advised of your miranda rights.  If you went ahead and entered a guilty plea in court and were subsequently sentenced, then the proper procedure would be to retain the services of an attorney to file a "motion to withdraw guilty plea".  This would be the proper procedure if you feel that you did not knowingly and willingly enter your guilty plea.  If an attorney can have your guilty plea set aside, then the attorney may be able to file a motion to suppress to have the evidence thrown out.

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