If I got charged with disorderly conduct but was never read my rights, is it possible to get the charged dropped?

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If I got charged with disorderly conduct but was never read my rights, is it possible to get the charged dropped?

I was out with friends in a huge crowd on the 4th of July. There was lots of people everywhere and a truck (city workers) was going through the crowd. Some people jumped on the front and danced to the music; I did that for like 2 seconds then continued walking. After a while I was grabbed and told I was under arrest. The police asked me some questions but never read me my rights. I spent around 2 hours in jail and got charged with a disorderly conduct (second degree). Other then a speeding citation my record is completely clean,

Asked on July 7, 2013 under Criminal Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Someone needs to be read their rights if they are taken into custody and then questioned. There is no right to be read the "Miranda warning" either before an individual is arrested or if the individual has been arrested but is not questioned regarding a crime (e.g. they are asked questions incidental to the booking process such as their name, address, etc). However, if someone is arrested and questioned about an alleged crime without their rights having been read to them, then any statements made by them are inadmissable against them in court.

In your case, you were questioned but apparently not yet in custody, so your right to the Miranda warning had not yet attached. Additionally, it doesn't appear that you were questoned after being taken into custody, so that being the case your rights were not violated. Finally, even if your rights were violated, you may still be charged and convicted if there is enough other evidence against you. In other words, even if your statements are inadmissable you can still be convicted of the offense if there is other proof of your guilt.

At this point you should consult with a criminal law attorney about your case. They can review all of the facts and will be in the best position to fully inform you as to your situation.

 


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