Legal Question in Criminal Law in North Dakota

Got charged for petty theft (shop Lifting) the other day at a walmart and they took me and a friend to the common area and set us down and looked up how much we stole only around $108 worth of product. Anyways the cop showed up to write down some information and then he escorted us out of the store to the police car. Then just hand cuffed both of us took us to the police dept and then filled out citation and finger printed us he never read us our miranda rights when arresting us. Could the case be thrown out since he didn't? If not since this is our first charge do u think the judge will qualify us for a diversion or deferred if we complete all necessary terms to be able to have off our records?


Asked on 8/18/13, 12:19 pm

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

If they questioned you while in police custody then Miranda may be an issue, but it wouldn't necessarily get the case thrown out. Since its a first offense you you have a good chance to qualify for a diversion program or deferment.

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Answered on 5/05/14, 9:27 pm


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