What to do if I’m a 16-year-old and was arrested for writing graffiti in a gazebo at a local park but the cop who made the arrest never read me my Miranda rights?

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What to do if I’m a 16-year-old and was arrested for writing graffiti in a gazebo at a local park but the cop who made the arrest never read me my Miranda rights?

I was with 2 others (16 and 17 years old) who were not given their rights as well. We were searched, cuffed, taken to the police station, searched again, questioned, and jailed for about 20 minutes. I was officially arrested, without once being read my rights. I have a court date on Tuesday to determine further consequences, such as a fine or community service. Throughout this whole experience, I was never once read my Miranda Rights. Did the cop violate my rights by failing to read me my Miranda Rights? Can I use this to avoid paying a fine or doing community service?

Asked on May 31, 2013 under Criminal Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you made some admisison to law enforcement after your arrest where you were not read your rights per the Miranda decision, the failure to have read your rights meands nothing. If you were caught in the act, then there seemingly is enough evidnece to have charged you for the crime you have written about. I suggest that you consult with a criminal defense attorney to see what your legal options are.


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