If I was charged with minor posession of marijuanna but the cop never read me my rights, will the charges be dropped?

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If I was charged with minor posession of marijuanna but the cop never read me my rights, will the charges be dropped?

Asked on April 11, 2012 under Criminal Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because you were arrested for being a minor in possession of marijuana bu you were never read your constitutional rights by the arresting officer under the Miranda decision, does not necessarily mean that the charge against you will be dropped. The issue is why were you stopped, detained, and then arrested by law enforcement?

If you said any incriminating statements after law enforcement has probable cause to arrest you and you were not read your Miranda rights there is a possibility that any admissions made by you could be suppressed at a hearing later on. Whether any suppressed statements damage the case against you is a factual issue resulting from why you were stopped, detained, and arrested. I suggest that you consult with a criminal defense attorney about your situation.


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