I was recently arrested for underage drinking and complicty of arson however i was not read my right i admitted to the crime after i was in custody but the other people i was with who got arrested and who were also read their rights said i comitted the crime so i am wondering weither or not i can get off on these charges im in the process of obtaining a quality lawyer also how can you prove that you were not read your rights im very curious about this matter because i have no idea how the judge is going to believe a 16 year old punk was not read his rights while everyone else got arrested did if you have any info about my question i would be greatful if you could post an answer thanks!
Answers:
It is the obligation of the arresting officer to recite the Miranda rights during the execution of the warrant of arrest, but as you've said its hard to prove that the procedures has been by pass, but i have a strategy for you
Before the inquest or hearing, you should have established that your a minor, and when you go to court see to it that you look respectable and "NOrmal" in the eyes of the judge that will help you. You can't be jailed long for the underage drinking but i can't say that for the arson
well good luck
they should hsave read you your rights from the card.taken you to the station then called your parents.
Well you can't really prove whether you were read your rights or not. The police officer that is responsible for your rights will be called up and will be asked whether he read you your rights. If he lies (i assume you are telling the truth) and say he did, then you are screwed. If he tells the truth, then you will still be screwed but the sentence will not be as severe.
Did you sign a statement? Don't! Get a good lawyer and don't write to the judge saying your sorry or anything like that. Even, no especially if your lawyer tells you to do so. I had a problem 30 years ago, and was not read my rights. I didn't know that my attorney was a superior court judge and former cop. I got off with probation and a small fine, but if he hadn't made me confess and write the judge a letter, I would have walked free.
Good luck trying to prove it. Why would you get a lawyer? Do you have a Mommy and Daddy with lots of money to throw away? If you did the crime do the time. You are 16 years old, instead of trying to get out of the punishment you deserve why don't you take the time to realize what you are doing is stupid. Drinking at 16 is like playing Russian Roulette. If your parents can afford a lawyer to get your spoiled *** out of this mess, then your life cant be that bad.
During the arrest process, it is not mandatory that you are advised of you rights. Before any questioning by an officer, it is.
What gets me is that you said, "other people I was with who got arrested and who were ALSO read their rights..." A Freudian slip? And, " am wondering weither or not i can get off on these charges... " Another ? You may not like it but, take it like a man, go along with your first instinct and do the right thing.
We all make mistakes in life. Learn. Move on.
I just wonder if you were too drunk to remember hearing the Miranda read? You admitted the crime, so clean up, appeal to the judge for community service/probation and not a loophole and learn from the experience. Mature from it.
Actually Liven_Large34, you are incorrect. There is no state or federal law or case law which requires Miranda Before, during or after an arrest.
The relevant part of your post is this:
" i admitted to the crime after i was in custody ..."
What matters in this situation is if your admission was in direct response to a question asked of you by the arresting or custodial official or if your admission was freely given.
If it was the second, then you have no case or cause to overturn your confession. If the first, then MAYBE.
Miranda is ONLY required if after a custodial arrest or confinement you are asked direct questions and the answers of such will or are intended to be used as evidence against you at bar.
In that case, if you are not informed of your right to representation before such questioning, the results of such can be struck from the evidentiary submissions of the complaining authority and not allowed as evidence.
If your admission was given without the requesite question as to your participation, then the evidence of your admission is admissible.
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