Legal Question in Appeals and Writs in Pennsylvania

apeal on miranda rights

My Husband was arrested and sentanced for drug trafficing and illegal use of a cell phone. He turned himself in for a warrent was issued they arrested him and detained him without reading him his miranda rights. He mentioned it several times to family and the lawyers. The lawyers ignored his comment thus making him belive it was of no importance. He suffers from add,adhd,and due to injury from the past abuse he mentally will be always younger than what he is. He is always afraid of being laughed at and made fun of. He was embarressed to inform the judge of his miranda rights never being read to him thinking it was no importance because of the lawyers shrugging it off. He was sentanced and now serving his time is there any way this can be appealed and re-tried?


Asked on 11/15/06, 12:19 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: apeal on miranda rights

You asked about Miranda rights.

While Miranda is still very important they often do not matter. Miranda is only really relevant where a suspect is being questioned and that questioning is likely to lead to information to be used in court.

If the person was questioned and gave incriminating information without being read Miranda then that person may have a claim for ineffective assistance of counsel. If on the other hand there was no questioning, or the person did not provide any information used in court then Miranda would have played no part.

This is a matter where an attorney would need to look at the case and the transcript immediately and decide whether there were grounds for an appeal.

Regards,

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Answered on 11/15/06, 7:34 pm


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