Can I file for some kind of mistrial since I was never read my Miranda rights?

I was never read my Miranda rights during the time that I was taken to the county jail.

Asked on September 12, 2012 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A mistrial results where there is an impasse in the jury's decision with respect to jury instructions as to a particular trial, misconduct by a juror or misconduct by an attorney at trial.

If you were not read your rights per the Miranda decision and your case has not gone to trial or you have not entered into a plea deal, you need to consult with a criminal defense attorney about filing a motion to supress any incriminating statements that you made to law enforcement as to a future trial. 

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