What to do if I was arrested for driving my 4-wheeler DEI but they didn’t read me my Miranda rights?

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What to do if I was arrested for driving my 4-wheeler DEI but they didn’t read me my Miranda rights?

Can they drop my charges for not reading me my rights?

Asked on December 15, 2012 under Criminal Law, Arkansas

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

Failure to read you your Miranda warnings alone is not a reason that a case cannot be prosecuted or you cannot be convicted in most cases.  The only exception is if you made a statement admitting you had violated the law, this is the ONLY evidence of you having violated the law, and you were essentially under arrest already at the time they questioned you.  This is very unlikely as police usually dont arrest someone without already having other evidence of a crime.

To get a more specific answer to the facts of your case, you should consult with an experienced criminal defense attorney such as myself who specializes in Fifth Amendment law and they can advise you as to whether this issue truly matters to your case.  Even if this doesn't get your case thrown out, there may be other very good issues that can.

David West

Attorney at Law

David West / David West & Associates

Answered 8 years ago | Contributor

Failure to read you your Miranda warnings alone is not a reason that a case cannot be prosecuted or you cannot be convicted in most cases.  The only exception is if you made a statement admitting you had violated the law, this is the ONLY evidence of you having violated the law, and you were essentially under arrest already at the time they questioned you.  This is very unlikely as police usually dont arrest someone without already having other evidence of a crime.

To get a more specific answer to the facts of your case, you should consult with an experienced criminal defense attorney such as myself who specializes in Fifth Amendment law and they can advise you as to whether this issue truly matters to your case.  Even if this doesn't get your case thrown out, there may be other very good issues that can.

David West

Attorney at Law


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