Legal Question in Criminal Law in New York
miranda rights
my friend was arrested for supplying a gun to a friend and was not read his rights. he accepted a plea bargain was sentenced to 3 years. when they asked the cop if he read the rights the cop said he didnt remember. is there anything me or his family can do about this?
Asked on 9/23/00, 6:27 pm
1 Answer from Attorneys
Salvatore Lagonia
Attorney At Law
Re: miranda rights
It is not necessary for the police to read someone their rights unless they are going to interrogate them. For example, if a suspect is observed with stolen property on his person, the cops may not want to question him - but rather place the stolen property in evidence as their entire basis for conviction. That is allowed. Miranda is not necessary and since he took a plea bargain - I assume he had counsel at the plea hearing.
Answered on 10/23/00, 7:45 am
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