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I was arrested and held without my rights being read (VT)

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Jvillanti

Junior Member
What is the name of your state (only U.S. law)? VT

I was arrested back in October and I was not read my rights. The only thing the officer said to me is I can't let you out of my site, then proceeded to put me in handcuffs. I was brought to the police station and processed, then brought to the local jail and put in the holding cell for the weekend until I was released on conditions of release that Monday. I was not read my rights at the police station or the jail either. My public defender says that because I was not questioned in a room it doesn't matter, but I had a friend that was arrested for felony speeding and wasn't read his rights spent the weekend in a holding cell and his case was dropped because of it. I was held on 10,000 bail so its not like I was free to go, but I was never really arrested either :confused: I have another court date tomorrow (4/2/12) at 1 so a speedy reply would be helpful. I was all set to go to meps and join the Marines until I was arrested for this. I scored high on the asvab already so it was just the physical and I'm good to go. So if I can get this dropped I would love to know sooner then later. Thanks.
 


HighwayMan

Super Secret Senior Member
You watch too much television.

There is no requirement that you are given Miranda warnings unless you are both under arrest and being questioned/interrogated. Most routine arrests never result in Miranda warnings being read to the defendant.

Listen to your attorney - he was correct.
 

CdwJava

Senior Member
As mentioned, unless you were interrogated after being taken into custody and those statements are somehow being used against you, Miranda should not be an issue.

Most arrests will never require Miranda. And all because your friend's case was dropped for some reason does not mean it was because of a Miranda issue - it is rarely THAT simple. More than likely the DA did not believe he could make the case for whatever the offense was and decided not to pursue it for some reason.

All the same, whether this offense can be plead down or not really depends on the specific offense. Some offenses can be bargained away if you are going into the military - some cannot. You haven't said what your offense was so we can't even venture a guess.

The reason you and many others have an impression that Miranda must be read is that it is the policy and practice in a number of agencies to rad an arrestee his or her Miranda rights upon arrest. It's a clean and practical policy, but hardly required. It is my understanding that this is the policy of the NYPD and since so many TV shows take place in NYC that's what you see.
 

tranquility

Senior Member
I completely agree with the nice officers. Another way of thinking about it is, the remedy for a Miranda violation is exclusion of the confession obtained in violation of it. (And, evidence which would be fruit of the poisonous tree.)
 

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