What can be done if when I was arrested I was never read my Miranda rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if when I was arrested I was never read my Miranda rights?
Also, when I asked to see a doctor my request was denied which resulted in a suicide attempt.
Asked on April 23, 2015 under Criminal Law, Pennsylvania
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You may or may not have a remedy for the officer not reading you your Miranda rights. Many people think that once you are arrested, they are entitled to receive these rights immediately. Actually, the only time these rights are required to be read is before an officer or investigator decides to asks you specific questions about the offense with which you are being charged.
If you gave a statement and they did not read you Miranda warnings, then you could file a motion to throw out any of the statements you made for a violation of your rights.
With regard to the doctor---you may have a civil rights action if they failed to protect your safety, even from yourself.
For the criminal issues, you would want to visit with a criminal defense attorney. For the failure to provide medical assistance issue, you would want to consult with a civil rights attorney. Even though both arose out of a criminal transaction, they have different remedies which would need to be presented in different venues.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.