Legal Question in Criminal Law in Tennessee

Will charges be dismissed if the officer failed to read your rights and notify you of the charges before taking you to jail?


Asked on 11/26/18, 4:04 pm

1 Answer from Attorneys

No.

But if the defendant was not advised of his rights, understood those rights, and waived those rights,

... and ...

thereafter answered questions in response to police questioning ...

... then ...

none of his/her answers may be introduced into evidence against him/her.

THAT BEING SAID, there are many people who have been arrested, tried, convicted, and are

now in jail or penitentiaries serving sentences who have never been read their rights. Of course, nothing THEY SAID was used against them (just witness statements, video/audio tapes, laboratory tests, cell phone messages...).

Being read your rights is much less important that Hollywood would have you believe.

It's not a series of "magic words" that -- if not said by an arresting officer -- get's the defendant

a "get out of jail free" card.

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Answered on 11/26/18, 8:29 pm


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