What to do if I was arrested for a Class 1 misdemeanor marijuana possession and a Class 2 parafanillia charges but was never read my Miranda rights?

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What to do if I was arrested for a Class 1 misdemeanor marijuana possession and a Class 2 parafanillia charges but was never read my Miranda rights?

What’s your suggestion to get my charges dropped?

Asked on September 25, 2013 under Criminal Law, South Dakota

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The Miranda warning is only necessary if police want to question you.  If you were not questioned, then it does not matter and will not be a basis for dismissing charges.  If police questioned you without reading you your Miranda rights, and especially if you confessed during this questioning, you should alert your attorney immediately.  Your attorney will get anything you said during that questioning tossed out of evidence and possibly get the charges dropped.


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