If my friend was arrested but not read his Miranda rights, can the charges be dropped?

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If my friend was arrested but not read his Miranda rights, can the charges be dropped?

He wasn’t read his Miranda rights before being handcuffed and put in the car. Can the charges be dropped and, if so, can they be re-filed? I was told they shouldn’t be able to. Wouldn’t that be double jeopardy if it’s mistrial?

Asked on August 5, 2015 under Criminal Law, Iowa

Answers:

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

Answered 6 years ago | Contributor

Contrary to popular belief, not every person who is arrested must be read their Miranda rights. The fact is that these rights need only be given if you are under arrest and then questioned. Therefore, if there is no subsequent questioning, then you need not be "Mirandized". The exception being, questions asked incidental to the booking process (i.e. full name, home address, etc.); they can be asked even if you have not been Mirandized.

Additionally, if you are questioned after an arrest but not read your rights, the charges will not automatically be dismissed. However, any information obtained to the illegal interrogation is not admissable against you in court.

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

Answered 6 years ago | Contributor

Contrary to popular belief, not every person who is arrested must be read their Miranda rights. The fact is that these rights need only be given if you are under arrest and then questioned. Therefore, if there is no subsequent questioning, then you need not be "Mirandized". The exception being, questions asked incidental to the booking process (i.e. full name, home address, etc.); they can be asked even if you have not been Mirandized.

Additionally, if you are questioned after an arrest but not read your rights, the charges will not automatically be dismissed. However, any information obtained to the illegal interrogation is not admissable against you in court.


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