If I was arrested for underage drinking and resisting arrest without violence but the police did not read me my rights, can I get my charges dropped?
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If I was arrested for underage drinking and resisting arrest without violence but the police did not read me my rights, can I get my charges dropped?
I’m 17 years old and I was outside of a club with a bottle of liquor. The undercover cop came up and choked me. I resisted and he punched me in the face and beat me to the ground. Not once were my rights read to me before, during or after I was arrested.
Asked on March 25, 2012 under Criminal Law, Florida
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
A failure to be read your Miranda Rights do not effect the actual arrest, but only if you made statements to this officer during or after the arrest that can be used against you in court during the criminal proceeding. If the officer had probable cause to make an arrest, but did not read you your Miranda Rights, I seriously doubt if the actual criminal charges will be dismissed because of this alone. If however, the only evidence the prosecutors have against you are your statements alone, and these statements were taken in violation of your Miranda Rights, then you or your attorney can argue for these statements to be excluded from evidence, and ultimately have your cased dismissed due to a lack of sufficient evidence.
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