Legal Question in Criminal Law in Washington

Miranda Rights

I had two police officers arrive at my house to take me into custody for a misdemeanor and felony charge. I told them my side of the story when they first arrived and then they arrested me on probable cause. However, during the entire time they had me in handcuffs, put me in the squad car, and took me to the jail, they never read me my miranda rights. So I'm just wondering if they still were supposed to, or if I can get my case dropped because of it?


Asked on 3/03/05, 1:41 pm

1 Answer from Attorneys
Michelle Farris Law Office of Michelle Geri Farris

Re: Miranda Rights

YOU NEED AN ATTORNEY!! If you can't afford one, you can get a public defender. Don't try to represent yourself on this.

There may be issues of improper arrest, because you were arrested in your home. Usually, the police need a warrant to do that, unless there are special circumstances, like an emergency, or a need to prevent the destruction of evidence.

Additionally, if you were interrogated while under custody without being read your miranda rights, your statements may not be admissible against you. However, whether or not you were in "custody" is a fact-sensitive legal determination.

I would advise you to seek the advice of an attorney who can represent you, and who can answer these fact-sensitive questions for you, knowing all the facts in your case.

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Answered on 3/03/05, 2:04 pm


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