What can be done if when I was arrested I was never read my Miranda rights?

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What can be done if when I was arrested I was never read my Miranda rights?

Also, when I asked to see a doctor my request was denied which resulted in a suicide attempt.

Asked on April 23, 2015 under Criminal Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may or may not have a remedy for the officer not reading you your Miranda rights.  Many people think that once you are arrested, they are entitled to receive these rights immediately.  Actually, the only time these rights are required to be read is before an officer or investigator decides to asks you specific questions about the offense with which you are being charged.

If you gave a statement and they did not read you Miranda warnings, then you could file a motion to throw out any of the statements you made for a violation of your rights.

With regard to the doctor---you may have a civil rights action if they failed to protect your safety, even from yourself. 

For the criminal issues, you would want to visit with a criminal defense attorney.  For the failure to provide medical assistance issue, you would want to consult with a civil rights attorney.  Even though both arose out of a criminal transaction, they have different remedies which would need to be presented in different venues.


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