If you have been arrested, you may be wondering if you were unlawfully arrested. If you were not read your Miranda rights, you may be able to build a solid defense on that fact alone.
Unlawfully Arrested | When Miranda Rights Are Read
After you have been arrested, the police are supposed to read you your Miranda rights. The police are supposed to read the defendant their Miranda rights before the interrogation can begin. Some interrogation questions might include: where you were, how much did you drink, what did you drink, how many drinks over the last few hours, and if you are taking any medication.
Questions like these after your arrest become subject to the Miranda rules, not the questions that they would ask you when they first pull you over. If the police officer doesn’t ask you those questions, then the fact that they didn’t read you the Miranda rights is not relevant. Your case won’t be dismissed because they didn’t read it to you.
Unlawfully Arrested | I Wasn’t Read My Miranda Rights
If they do arrest you and then start to interrogate you and they didn’t read you your Miranda rights, there could be an issue. If you’ve been under arrest the answers to those questions is subject to a hearing. At a hearing it will be determined if those statements can be suppressed and not be able to be used against you at a trial and where a judge would decide that your rights were violated or not.
Unlawfully Arrested | Your Rights Can Provide a Strong Defense
People can fight their case, even if they actually have been drinking and driving. Not every case is perfect for the police and the prosecutor. There are constitutional rules in place that protect all of us.
If you think you have been unlawfully arrested, please call our New Jersey criminal defense attorney today to get a free consultation.