Legal Question in Criminal Law in New York

if a person turns himself in but already has a lawyer and doesnt answer any questions does the fact they were not read their rights matter? Also if they were charged with a loaded weapon but they claim they didnt have one shouldnt the case be thrown out if they cant produce fingerprints or solid evidence that it was the defendants weapon? Or is it because its hear say they automatically take the word of the police in nys?


Asked on 11/29/09, 2:43 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

No the fact that rights were not read would not matter if the client refused to answer anyway. Physical evidence such as prints are not necessary to prove a case, testimony is enough to get a conviction.

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Answered on 12/04/09, 8:53 pm


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