Legal Question in Criminal Law in Massachusetts

No Miranda, no case?

I was recently arrested for possession of a Class D substance (marijuana). This is a first offense, and I was in possession of less than a gram.

The arresting officer did not read me my Miranda rights - is this legal? Grounds for dismissal?

I don't want to create a stink if there's no basis for my complaint, I just want this to go away as soon as possible.


Asked on 10/07/07, 8:45 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: No Miranda, no case?

To get a full sense of what happened, what should have happened, and if this makes a difference, requires an analysis of the police report and a conversation with you.

If you want such legal assistance, contact me.

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Answered on 10/07/07, 10:27 pm
Daniel Maloney Law Offices of Daniel J. Maloney

Re: No Miranda, no case?

Miranda will only come into play if you made post-arrest statements. However, there may be other defenses to the case, especially with regard to how the police came into the knowledge that you were in possession of the alleged pot. Lastly, depending upon what court you are in, you may be able to get a dismissal on court costs.

Whatever you do, do not go into this without a lawyer. Even though the punishment of the court may not seem very much, there are many collateral effects to a drug case now. Be careful. If you have any questions, feel free to call.

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Answered on 10/09/07, 10:35 am


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