Legal Question in Criminal Law in South Dakota

reading of rights

I just basically want to know when do you legally have to have your rights read to you. The person involved in the incident was being questioned ,was handcuffed , and put in a jail cell briefly without any rights being read or told she could have an attorney present. She was being questioned about the use of a fake ID and underage drinking, but was never really informed at the time what charges they were making. I just want to know if we have grounds to fight the charges.


Asked on 4/15/03, 12:23 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: reading of rights

She should have had her rights read to her at the point when it would have become clear to a reasonable person in her position that she was not allowed to just walk away. (That is an oversimplification but should give you a good idea of the rule.)

She should be able to have any statements she gave while in custody excluded if she goes to trial. However, there may be lots of other evidence and the prosecution can still go after her as long as it doesn't try to use her statements as evidence.

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Answered on 4/15/03, 1:40 pm


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