If I was arrested but never read my rights, will my case be dismissed?
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If I was arrested but never read my rights, will my case be dismissed?
I was arrested for a failure to comply charge from a few years prior I was ask to step out of the truck and was immediately place in handcuffs and searched. They then asked if I had anything in the truck and I told them about my little bit of marijuana and a pipe. Shortly thereafter I was taken down town. Since I was never read my Miranda rights and was questioned after being placed in cuffs, will my case be thrown out of court?
Asked on May 19, 2014 under Criminal Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, your case will probably not be dismissed. A failure to read you your rights could result in any statements (e.g. a "confession") you gave to the police being thrown out, but if the authorities otherwise have enough evidence to support the charges, they can proceed with those other charges. And if you told the police about marijuana, the drugs would still be available as evidence.
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