February 25th, 2021
2
Is it really true that if a cop doesn't read you your Mahranda Rights, the case is dismissed?
I recently lost a bet with an uncle that led me to be arrested for trying to buy beer while underage. My uncle, who feels bad, says that I can tell the judge that my Mahranda Rights ("You have a right to be quiet, anything you say won't be held against you," etc.) were not read to me upon arrest and I'll be cleared of all charges. Problem is, the pig who arrested me did read me my rights, but I don't think he recorded it, so if this is a way to get out of jail free, please let me know.
February 25th, 2021
2
Comments:
rewardiflost
No.
It is not a get out of jail free.
You do not have to be read your rights at all in the US. It's only after you've been processed and about to be interviewed/questioned, or incarcerated that they have to tell you your rights.
If you are just arrested and held locally, they don't interview you, and release you within a day or so with a court appearance, then you don't need to be given your rights.
If it is important that they give you your rights, it will be recorded. There is a spot on the arrest report that signifies it.
If you are about to be questioned, they'll give you a form to sign, record your voice acknowledging your rights being read to you, or have another cop there as a witness.
Unless they are going to use your statements (your answers to questions, not spontaneous statements) against you, they don't have to read you your rights.
13
LuciusDickusMaximus
Huh. Thanks. So in terms of beating this, how would I go about that?
1
rewardiflost
Well, they need to provide evidence to convict you.
Getting a lawyer would be the smart thing.
Between you and your lawyer, you have to pick apart the evidence against you.
Does the law say you need to be a certain age, and do the police have proof that you are underage?
Did the cop actually witness you buying the alcohol, or is it possible that you were carrying the bag out for someone else - and that someone ran when they saw the police?
Do you work doing delivery for the store or for UberEats or some other legal reason for carrying it?
Was it a setup - were you tricked by the police into trying to do something you didn't know was illegal (and can you show that)?
Are there any defenses in your local law that you can use?
Does the cop have a documented problem with targeting this particular store, or store owner, and you just got caught up in a personal fight?
If you can't break the case by attacking the evidence, then you need to look at getting a better sentence for you. It probably isn't jail time - but maybe you can ask for a reduced fine, or something that is only probation or only public service time. You need to see what the mandatory sentence law is in your jurisdiction.
3
[deleted]
You didn't mention the State, some are more agressive about this than others, but given it's a pretty low level misdemeanor, having your attorney attempt to negotiate a plea deal that results in an expungement is probably your best bet. Fighting this to the bitter end, and denying everything at every turn will be more likely to result in you getting closer to the maximum punishment.
Ultimately though, consult your legal counsel, not Reddit. That's what they're there for.
2
[deleted]
Not quite. Miranda requires both of these to be true:
1) You must be under arrest/being arrested 2) The police are about to question you
If either of those are false, Miranda isn't required. Source: https://www.flexyourrights.org/faqs/police-didnt-read-me-my-rights/
That said, IANAL, so I strongly recommend you lawyer up before you say anything else.
9
[deleted]
It doesn't mean the case against you will be dismissed. At best, things you said while under arrest may be not be used as evidence.
Edit: Based on OP's post history, they're almost certainly trolling.
6
PvtSherlockObvious
Whoa, slow down there. There's a very important distinction you're skipping over: They can use things you said voluntarily while under arrest no problem. If you piped up and offered up information all on your own, they can use that all day long. They just can't use the results of an in-custody interrogation without reading you your rights. If you weren't in custody when they were asking questions, or they weren't interrogating you, that can come in.
2
[deleted]
7
Skatingraccoon
It is NOT true that the case will be dismissed solely because they didn't read you your Miranda Rights.
However, the prosecutors generally are not allowed to use statements you've made if arrested and without your rights being read. There are some exceptions to that.
5
[deleted]
5
MissMockingbirdie
3
ToyVaren
Sounds like "dont blame me kid."
1
LeaguePillowFighter
First if all: wtf?
You're underaged, you shouldn't have tried to buy beer. But you did. And you got caught and now have to pay the price. It is what it is. Can't escape that.
Your uncle is an idiot for even entertaining the bet and suggesting this be the payment of the bet. What he was thinking is beyond me.
If you lie about getting being advised of your Miranda Rights, and get you caught- which you will because the intelligence level here isn't very high, the judge will not go easy on you and you'll make the whole situation so much worse. What could be a slap on the wrist will be much worse.
I suggest you stop playing games with your uncle. And find an alternative male role model. I also suggest you do some critical thinking and learn that you don't have to do what people tell you. Especially illegal things that could have consequences that you aren't ready to handle.
A bit older and the crime a bit worse and you'll effectively ruin your future.
You're young and this doesn't have to be the start of a bunch of bullshit.
3
rhomboidus
No, that isn't true.
In this case it's unlikely your Miranda rights will matter at all.
Hire an attorney.
2
Red_AtNight
Miranda rights.
Also how the hell did you get arrested for that? At best the clerk should have just asked you to leave the store. How belligerent were you? I'm thinking the use of the term "pig" suggests there's more to this story.
2
MysteryNeighbor
Yes, but not reading the Miranda right's is a rare, massive fuck-up on the cop's part.
Like the other poster said, don't lie in court. You'll be slapped with perjury charges.
2
Th3MiteeyLambo
It's true
HOWEVER, you should not lie in court. Especially about something so easily proven false. Who is the judge going to listen to? You or the police officer
[deleted]
1
SnooBananaPlant
1
MissMockingbirdie
In some places it's illegal for a minor to possess alcohol, so it depends on when they were caught
1
Bobbob34
No, but even if it were, if you say that, you'll be asked under oath if that's true, to describe what happened, and so will the cop, and anyone else there.
Then you can go to jail for perjury!
Your uncle is an idiot. Don't lie.
1