my Miranda rights were never read to me

[mmmk]

I have an unlawful possession of marijuana charge, however, when i was arrested, my Miranda rights were never read to me. do i have a case? should i get a legal person to translate my case to the judge/should i fight the charges?

 

[ElvinMelvin]

I have an unlawful possession of marijuana charge, however, when i was arrested, my Miranda rights were never read to me. do i have a case? should i get a legal person to translate my case to the judge/should i fight the charges?

The police only need to read you your Miranda rights before you are interrogated in custody. Arrests can occur without questioning and therefore with no need to read Miranda.

 

[Zigner]

The police only need to read you your Miranda rights before you are interrogated in custody. Arrests can occur without questioning and therefore with no need to read Miranda.

And, even that is not quite correct. The police don't need to mirandize anybody. The only way they HAVE to mirandize is if they want to use the person's testimony at trial against them.

 

[HappyWanderer]

Well, if we're going to get all technical, they don't have to Mirandize if they want to use the person's statement (not testimony) against him at trial--if it is used to impeach the person's testimony.

But, that's just if we want to be pedantic.