If my rights weren’t read to me when I was arrested, can my case be dropped or dismissed?

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If my rights weren’t read to me when I was arrested, can my case be dropped or dismissed?

When I was arrested for posession of paraphenila found in the front of someone else’s car, the arresting officer never read me my rights. He just hand cuffed me, told me I was being charged with parapheneila and put me in his car.

Asked on March 28, 2012 under Criminal Law, New Jersey

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

No. Miranda rights only apply to custodial interrogation. If you were not read the rights, anything you said to the police would be thrown out in court. That does not mean the case will be dismissed. If you were not interrogated then Miranda rights will not protect you.


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