Legal Question in Criminal Law in New York
aressted for something i didnt do
i was arrested for criminal mischief but didnt do it and have a witness can i get it dismissed before an arraignment? Also what is the time frame for being read miranda rights after being placed in cuffs?
2 Answers from Attorneys
Re: aressted for something i didnt do
The police do not have to read you your Miranda if they do not ask you any questions that could incriminate you. If they cuffed you but just got your name etc there is Miranda needed. If they asked you questions about the crime they have to read Miranda right after cuffs.
Re: aressted for something i didnt do
Getting your case dismissed BEFORE arraignment will be unlikely; you or your attorney will have to contact the DA's office and pressure them to review your evidence.
After arraignment, you stand a good chance of getting it dismissed.
There is no "time limit" for giving Miranda rights. The only effect of being given your Miranda rights is the prosecution can use a confession at trial; without the Miranda rights given to you, any confession you make cannot be used at trial.
James Kats, Esq. www.LAWJSK.com
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