Legal Question in Criminal Law in Michigan

I was recently arrested in the state of Michigan and the cop handcuffed me didn't read me my Miranda rights and still continued to question me. Then took me to jail. The cop didn't even tell me ibwss going to jail. Sense my Miranda rights weren't read to me and he still continued to question me could I get the case thrown out

Asked on 5/01/13, 3:14 pm

3 Answers from Attorneys

Thomas Loeb Law Offices of Thomas M. Loeb

It depends. You have not provided enough facts. Miranda is not a get-out-of-jail-free card. It is a rule of evidence.


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Answered on 5/01/13, 3:42 pm

William Morrison Action Defense Center

Arrested for what? Let me guess - Drunk Driving. Miranda rights are unnecessary for drunk\drugged driving

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Answered on 5/01/13, 7:35 pm
Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

A Miranda violation usually affects the admissibility at trial of statements made by the person after the Miranda violation happened. If the statement is suppressed, the case is not dismissed ... unless the conviction hinges on the admissibility of the information in the statement. For a Miranda violation to occur, there also has to be a Q&A going on after you're "in custody" where the purpose is to solicit incriminating information from you. Chit-chat in the cop car during the drive ("So, how about those Tigers?") isn't a problem. And, if you ask the cop questions, which opens the conversation to the topic of the crime, or you start babbling voluntary information, that isn't a problem, either. You should have an attorney review the police report and other case information with you (possibly an in-car recording during the drive or the conversation?) before deciding if there is a Miranda violation that you can exploit.

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Answered on 5/02/13, 9:14 am

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