Legal Question in Civil Rights Law in Michigan
miranda rights not given
I am 17 years old and have a clean record, including no traffic violations or previous warnings of any kind. i was arrested for ''consumption of alcohol under the age of 21'' and ''aid and abet of a cerfew violation'' at 3:00am with a blood-alcohol of 0.10%. i was in my parked vehicle on the front lawn of a friend, and my keys were not in the ignition (i was getting something from the car). i was with a resident of the house, male, age 15, blood-alcohol 0.06%. i was handcuffed and arrested without having my rights read to me, and my vehicle was impounded. i was very cooperative. i sat in a cell without a phone call for three hours until a parent was contacted, and when i asked what my right were to my arresting officer at the station, his reply was ''you watch to much TV''. was it wrong that my right were not read to me and if so, will this case be thrown out?
1 Answer from Attorneys
Re: miranda rights not given
Your rights do not have to be given to you until you are questioned about a crime where the focus of suspicion is specifically upon you. Simply because you are arrested does not mean they have to read your Miranda rights. You have no chance on that one. However, because you have a clean record, chances are you'll be able to work something out. William S. Stern