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HELP! I was not read my Miranda Rights?
I was pulled over in the early morning a couple days ago. After passing a field sobriety test I was patted down and admitted to possessing under a gram of marijuana in my pocket. When searching the car they found drug parphernalia. I was taken into custody and told nothing. I was then taken downtown and processed still without knowing anything. During the interview I was never read my rights. At no other time were they told to me and I was released after 12hrs. I have been charged with possession of marijuana and possession of parphernalia. Please let me know if not being read my rights helps me!
I was not read my rights even while in custody when they were investigating me and trying to get me to say who and where the marijuana came from. This happened in a small room with the 2 arresting officers. This is a 1st sorry if its dumb haha
8 Answers
- Anonymous1 decade agoFavorite Answer
Not at all.
I'll bet you can recite them right now.
You have the right to remain silent, You have the right to attorney. The attorney may be present during questioning. If yu can not afford an Attorney one will be appointed to you. Do you understand these right I have read to you?
Do you wish to waive your rights at this time and answer a few question?
Miranda does not need to be read for misdemeanor crimes, Drug possession less than one gram falls into that category
I was not read my rights even while in custody when they were investigating me and trying to get me to say who and where the marijuana came from.---in this case Miranda does not apply. The investigation was not focused on you but to find out where you got the drugs. I hope you told them, really. It would look good for you to be able to tell the judge you cooperated with Law Enforcement.
Source(s): Bear - q SLv 71 decade ago
NO
reading the miranda warning for an arrest is only something they do on TV shows.
The police are only required to read the miranda warning if you are in custody and going to be interogated. If the police have you in custody and interrogate you without reading the miranda warning or after you request an attorney - the statements you do make (like a confession) could be dismissed by a motion from your defense attorney.
EDIT ----------------------------------------
You were stopped for a traffic violation and suspected to be under the influence. You were arrested and drugs were found. That part of the case is open and shut - they don't need a confession from you. PS in my area poss less than 1 gram is a $100 ticket not an arrest. Are you sure you weren't arrested for DUID? Did they take a blood test?
Next when you were in custody (at the police station) they asked you questions without advising you of the miranda warning. They asked you who sold you the drugs. This doesn't help or hurt their case, of possession of 1 gram of marijuana, against you. If they found you with a much larger amount and they were trying to get you for distribution or conspiracy then they probably would have needed to advise you. Based only on what I think you said above the miranda warning would not be necessary.
- Anonymous1 decade ago
First answer is a Lie.... I am a Police Officer and Say it all the time....
Your Miranda rights are not really going to help you to be honest...
All it is, is "You are Under Arrest for Possession of Class C Substance, you have the right to remain silent, and anything you do say may be noted and used against you in court"
Nothing Special...
Source(s): Police Officer - Anonymous1 decade ago
The reading of the Miranda Rights is only required under very specific circumstances. You can clarify it with your lawyer.
- Anonymous1 decade ago
If you were not interrogated while in custody then Miranda doesn't apply. If you were interrogated while in custody and Miranda wasn't advised then anything you said during the interrogation may not be admissible in court. However, if you had already given the officer your weed then you really have no defense.
- LanaLv 41 decade ago
They're supposed to read you your rights for a reason. So you know your rights before any part of the process begins, especially the interview. Without being read those rights, there are certain things they cannot do. Read up on it at findlaw.com, where you can also search by state. Nice to have when you have legal issues like this.
- SlappyLv 71 decade ago
Too many cop shows for you. Miranda doesn't apply to every situation. I suggest you discuss this with a lawyer.
- Santa Ana KidLv 41 decade ago
If you lived in a mmj state, and had your medical marijuana recommendation on you, as well as your state mmp card. You would not have a problem.
Hope all works out...
Source(s): http://blog.marijuanamedicine.com/?p=157