Legal Question in Criminal Law in New York

not read my rights.

recently i got arrested for two counts of endangering the welfare of my children, and am now facing two ''a'' misdemeanors. ththis is my first offense and i don't know how this stuff works. when i was arrested niether the arresting officer o r his backup read me my rights. also as i was getting in the back of the car i was offered no assistance in getting in. even on icy pavement. i thought at the least the officer was supposed to at least support my head so i did'nt smack it on the door frame . since the public defenders office has refused to accept my application, how do i inform the judge about the violation /omission of my rights?


Asked on 2/18/09, 8:05 am

1 Answer from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: not read my rights.

The Miranda warnings (your rights) are usually read before the law enforcement officers can question you. If they did not read you your rights, they may not be able to use any statements which you made to them.

As to not assisting you into the back of the police car, although this is proper procedure in most jurisdictions, it might not be in your jurisdiction. Since your question did not state that you suffered physical injury, this act, by itself is not actionable. No harm, no foul.

You should concern yourself about the criminal charges of endangering the welfare of your children.

If you are found guilty of this you would have a criminal record, may go to jail, and may loose your children.

It is a crime which must be taken seriously.

Since the public defenders office has refused to accept your application - you probably are employed and make too much money. I would strongly urge you to find a lawyer who handles criminal matters, as well as criminal matters concerning children.

If you would like to schedule an appointment with this office to review your options, please feel free to do so.

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Answered on 2/18/09, 9:42 am


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