Legal Question in Criminal Law in Arkansas
If you are arrested for minor in possession of alcohol and you are never read your rights can the case and charges be dropped?
Asked on 2/20/11, 6:25 pm
1 Answer from Attorneys
Chad Oldham
Oldham Law Firm, PLLC
The reading of Miranda rights, or lack thereof, simply means that any information a defendant volunteers in the absence of the reading of the rights cannot be used against them. However, if the prosecution can establish your possession of alcohol without your admission, i.e., they saw you in possession, the absence of Miranda warnings are not detrimental to the state's case.
Answered on 3/10/11, 9:25 pm
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