Legal Question in Criminal Law in Pennsylvania
arrest
In PA. if you are arrested for a felony aren't you suppose to have your rights given you and arent you allowed to make a phone call and if you arn't allowed these can the case be thrown out
2 Answers from Attorneys
Re: arrest
Of course not. They only need to read your rights if they (1) have you in custody; and (2) they interrogate you. Obviously, they (1) had you in custody; but (2) I'm sure they didn't interrogate you. So forget about the reading of your rights. As for the phone call...you have no constitutional right to a phone call...did you really think that if you didn't get a phone call it would negate your felony arrest? No. If you want real world criminal defense on the merits, feel free to call our offices.
Re: arrest
That's the most common thing that we lawyers hear in criminal cases. Sometimes you can't persuade a client that it doesn't matter whether the police read you your rights or not if they do not need to use your statements to make out their case. That's why you should never make statements.
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