If I was arrested and jailed for obstruction of evidence but was never read my rights, will this make a difference in court?

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If I was arrested and jailed for obstruction of evidence but was never read my rights, will this make a difference in court?

Asked on July 7, 2013 under Criminal Law, Illinois

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. Being 'read your rights', also known as the Miranda warning, is to occur prior to custodial questioning by police, meaning, questioning when you are not free to leave.  Whether this issue applies to your circumstances is for your attorney to address. I am licensed in Minnesota. Do contact an attorney in the involved state, because definitely you need attorney help, and the sooner the better for you. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

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

Answered 8 years ago | Contributor

You only have to be read your rights if you are taken into custody and then questioned. This means that you can be questioned prior to arrest or arrested without questioning and not have your rights violated. Evenif you made statements in a situation where your rights should have been read to you, only the statement is inadmissable; if there is there proof of your guilt you can still be convicted.

Since you gave little by way of the facts, you should consult with a criminal law attorney in the area in which all of this occurred. They can best review the facts and advise you on how to proceed.


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