Drinking in public

[Burzane]

What is the name of your state? Illinois

I was recently arrested for the first time, under the charges for drinking in public, along with two other friends. I am 21, and the other two were 20. I was charged with providing alcohol for minors and they were charged with underage drinking. We were arrested, handcuffed and got our information put in the computer, and a file made. We had to sign documents that relayed our charges. But during the whole time of signing, and being asked questions, the cops never once read us our rights, or told us that we did not have to answer the questions. I am a little familiar with law, and I have read that a motion to disregard any oral or written documents that have us testyfying against ourselves, can be asked of the judge, unless the rights have been read. The cops also never brethalyzed us, and just assumed that we had drank due to the presence of a couple empty beer bottles around. We know we have made a mistake, but the situation we are in is very sensitive, and although this may not seem a big charge, we do not want or cannot have a record. What is my position and that of my friends, and do we have a case? Thank you for any replies.

 

[Jeter]

Probably not. The implications of not having been read your rights are related to the admissibility of evidence, not the offense itself. Some things such as statements you make may not be admissibile against you if you have not been advised of your rights. However, the police may not read them to you or tell you in any way, and that will not affect the validity of the arrest itself. Most officers do read them, because it protects the use of evidence against you. However, failure to advise you does not exempt you from prosecution if there is other useful evidence that was not dependent upon information the police obtained from you, such as the empty beer bottles that were in your "presence" (that's a good one by the way) at the time of your arrest.


Jeter