Legal Question in Criminal Law in Colorado
No Maranda Rights read
I was arrested and detained but was not read my Maranda rights...will this get my case dismissed? Just for reference I violated a civil restraining order.
2 Answers from Attorneys
Re: No Maranda Rights read
Unfortunately not. Miranda warnings are required prior to police questioning while you are in custody. If the police asked any questions while you were in custody, then the answers to those questions could not be evidence in your case.
Re: No Maranda Rights read
A good question. Miranda warnings are only required if the Police take a statement from you. The Police must give you the warnings if you are in custody AND they are questioning you. They must tell you that you have the right to an attorney and anything you say can and will be used against you. They must tell you that if you cannot afford an attorney one will be appointed for you.
The remedy is not dismissing the case. Instead, any statement you gave while in custody and after being questioned would not be used against you if the Miranda warnings were not given to you.
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