Missouri | Criminal Law
Legal Question
if i am arrested and not read my miranda rights can the charges from the city be dropped when i go to court?
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Legal Answer
To be clear, an arrest by itself does not trigger the necessity for you to be given a Miranda warning. This is a common misconception. You are required to be read your Miranda rights prior to a custodial interrogation. An arrest satisfies the custodial part, but the you have to determine if you were subsequently interrogated. And an interrogation is something more than the officer just asking biographical information (name, birthdate, etc). And even if you were interrogated without being read your Miranda rights, it doesn't invalidate the arrest or somehow cause the charges against you to be dropped. In that situation, your lawyer would use the fact that no Miranda warnings were given to try to supress evidence against you obtained as a result of the interrogation. I would suggest you hire an attorney because criminal charges are serious and the laws can be very tricky to understand.
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Greene & Taylor LLC 2921 Lemay Ferry Road St. Louis, MO 63125
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Legal Answer
Jennifer Greene gave an excellent response to your question. I suggest that you follow her advice and hire an attorney.
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Michael R. Nack, Attorney at Law 200 South Bemiston (307) St. Louis, MO 63105
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