Legal Question in Criminal Law in Michigan

Rights Denied

Arrested for disorderly conduct. Was never mirandized. Also, I was never processed. I was passed over for bond hearing the next day because of that and when bond was posted, that is when they processed me. Do I has grounds for dismissal?


Asked on 2/15/02, 11:59 am

2 Answers from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Rights Denied

If you were arrested or not free to leave, and the police questioned you, there could be a Miranda issue. It sounds like you were formally charged at the arraignment. Obviously you are out on bond. The next move is to discuss the matter with an attorney. I would be glad to talk to further. Please call at the office (248) 737-7000 or 24 hours (800) LAW-6685.

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Answered on 2/15/02, 11:06 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Rights Denied

Miranda only protects staements made while in custody. A violation of such would result in suppression of the statement or confession made. You do not have to be read Miranda to be arrested. It appears that you were arraigned and were given bond which I assume was posted. More information is needed to make a determination if your case could be dismissed. Good luck.

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Answered on 2/15/02, 12:12 pm


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