Legal Question in Criminal Law in Minnesota
Dismissal of charges and miranda warning
My boyfriend was arressted. he was placed in handcufs and taken to jail. They never read him his miranda warning until he was already booked and put in jail for almost 2 hours. Is this legal?
Second, the state dismissed charges in the interest of justice...what does that mean?
1 Answer from Attorneys
Re: Dismissal of charges and miranda warning
The Miranda case requires police to recite a warning of legal rights (1) to a person "in custody," if (2) police are questioning the person. Both conditions must exist before the duty to read the warning is triggered - "in custody" and questioning. The legal remedy for failure to do so can be suppression of the statement or confession from evidence at trial.
When a prosecutor dismisses criminal charges "in the interests of justice" it mean that the prosecutor has determined that it no longer appears just, in the eyes of the prosecutor, to charge the person with a claimed crime.
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