Could my case be dismissed if my arresting officer didn’t read me any rights?

He used unnecessary force – a reverse arm bar/wrist lock while I was in cuffs. I am a minor and this is the first and only time I have been arrested.

Asked on November 12, 2013 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unnecessary force is kind of in the eye of the beholder as long as it is not strictly prohibited by the use of force policies with that particular department. If you were not read Miranda rights that is a separate issue and your arrest can actually be thrown out and charges dismissed because of this serious violation.  If you are a minor, you need to get thee to a lawyer with your parents (court appointed attorney or private counsel) and get the proper filing before any hearing has occurred.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A failure to read you your rights may mean that certain evidence will be thrown out or unuseable: for example, if you confessed before hearing out your right to an attorney or remain silent, the confession would most likely be unusable. But that will not cause the whole case to be dismissed: just that evidence. If there is sufficient other evidence against you, they could proceed.

If you feel that unnecessary force was used, you could speak to an attorney about possibly suing the police, though unless you suffered significant injury, it would not be worthwhile--you'd spend more on the lawsuit than you'd win. The alleged unnecessary force does not affect the criminal case against you--it just possibly gives you a lawsuit.

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