Legal Question in Constitutional Law in Massachusetts

I am a 16-year-old living in MA. Today, I was arrested for writing graffiti in a gazebo at a local park. The cop who made the arrest, never read me or the two others I was with (16 and 17 years old) our Miranda Rights. We were searched, cuffed, taken to the police station, searched again, questioned, and jailed for about 20 minutes. I was officially arrested, without once being read my rights. I have a court date on Tuesday to determine further consequences, such as a fine or community service. Throughout this whole experience, I was never once read my Miranda Rights. Did the cop violate my rights by failing to read me my Miranda Rights? Can I use this to avoid paying a fine or doing community service?


Asked on 5/31/13, 8:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The lack of a Miranda warning is not a get out of jail free card. All it does is prevent the prosecutor from using against you any statements you made in response to police questioning while you were in custody. All other evidence will still be usable.

You need a lawyer. The outcome of your case could have long-term consequences. A lawyer will be far better able to protect your rights than you could on your own. Indeed, given your age, I very much doubt the court would let you try to represent yourself even if you wanted to.

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Answered on 5/31/13, 8:37 pm


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