Legal Question in Criminal Law in Pennsylvania
dropped charges
Can a charge (such as a small drug related charge) be dropped in court because the officer never read rights to whomever he/she arrests? Or because they STARTED to search a vehicle BEFORE they asked for concent?
Asked on 8/10/08, 2:50 am
2 Answers from Attorneys
John Gibson
John W. Gibson, Esquire
Re: dropped charges
I agree totally with Mr. Cevallos answer.
Answered on 8/11/08, 9:37 am
Daniel Cevallos
Cevallos & Wong, LLP
Re: dropped charges
On the search, possibly. On the read the rights, no chance. They only need to read you your rights if they interrogate you. If they find marijuana on you, there's not much need to ask you any questions. We may be able to file a motion of the search.
Answered on 8/10/08, 9:30 am
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