Legal Question in Criminal Law in Missouri

if i am arrested and not read my miranda rights can the charges from the city be dropped when i go to court?


Asked on 8/07/09, 9:59 pm

2 Answers from Attorneys

Jennifer Rench J. Rench Law Firm, LLC | St. Louis Divorce and Mediation

To be clear, an arrest by itself does not trigger the necessity for you to be given a Miranda warning. This is a common misconception. You are required to be read your Miranda rights prior to a custodial interrogation. An arrest satisfies the custodial part, but the you have to determine if you were subsequently interrogated. And an interrogation is something more than the officer just asking biographical information (name, birthdate, etc). And even if you were interrogated without being read your Miranda rights, it doesn't invalidate the arrest or somehow cause the charges against you to be dropped. In that situation, your lawyer would use the fact that no Miranda warnings were given to try to supress evidence against you obtained as a result of the interrogation. I would suggest you hire an attorney because criminal charges are serious and the laws can be very tricky to understand.

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Answered on 8/07/09, 11:25 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Jennifer Greene gave an excellent response to your question. I suggest that you follow her advice and hire an attorney.

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Answered on 8/07/09, 11:30 pm


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