If your Rights aren't read to you...

What is the name of your state? NC

OK, so we've all heard that if your Rights aren't read to you during your arrest, the case is supposed to be thrown out, right? They say you can even incriminate yourself-- but if the Miranda Rights aren't read, a person cannot be convicted.

First, of all the criminals who use this as an argument, what ratio of them actually wins the case? From my point of view, it sounds like there could be a lot of "he said/she said." What cop is actually going to admit that he/she screwed up and forgot to read the Rights? Exactly how can you "prove" that your Rights weren't read?

jewell_diva said:

What is the name of your state? NC

OK, so we've all heard that if your Rights aren't read to you during your arrest, the case is supposed to be thrown out, right? They say you can even incriminate yourself-- but if the Miranda Rights aren't read, a person cannot be convicted.

First, of all the criminals who use this as an argument, what ratio of them actually wins the case? From my point of view, it sounds like there could be a lot of "he said/she said." What cop is actually going to admit that he/she screwed up and forgot to read the Rights? Exactly how can you "prove" that your Rights weren't read?

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This has been discussed several hundreds of times on this board.

Did you try the search engine function?

Nope I didn't... sorry.

OK, so we've all heard that if your Rights aren't read to you during your arrest, the case is supposed to be thrown out, right?

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I never heard that before

They say you can even incriminate yourself-- but if the Miranda Rights aren't read, a person cannot be convicted.

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What? That's not true.

First, of all the criminals who use this as an argument, what ratio of them actually wins the case?

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O% win their case with that legal argument

From my point of view, it sounds like there could be a lot of "he said/she said." What cop is actually going to admit that he/she screwed up and forgot to read the Rights? Exactly how can you "prove" that your Rights weren't read?

Click to expand...

When police read Maranda, they usually record it being read or have you sign something that says it was read and you understand it. They only have to read if they want your post arrest interview to be admissable in court. Usually there is plenty of other evidence without that post arrest interview.

jewell_diva said:

What is the name of your state? NC

OK, so we've all heard that if your Rights aren't read to you during your arrest, the case is supposed to be thrown out, right? They say you can even incriminate yourself-- but if the Miranda Rights aren't read, a person cannot be convicted.

First, of all the criminals who use this as an argument, what ratio of them actually wins the case? From my point of view, it sounds like there could be a lot of "he said/she said." What cop is actually going to admit that he/she screwed up and forgot to read the Rights? Exactly how can you "prove" that your Rights weren't read?

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You have been sadly and badly misinformed.

And, as indicated earlier, there are several hundreds of posts on this subject.

Also, try Google.

Gee, whatever happened to

jewell_diva said:

Post all the garbage you want about me, because I'll never be back.

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Tough case

jewell_diva said:

What is the name of your state? NC

OK, so we've all heard that if your Rights aren't read to you during your arrest, the case is supposed to be thrown out, right? They say you can even incriminate yourself-- but if the Miranda Rights aren't read, a person cannot be convicted.

First, of all the criminals who use this as an argument, what ratio of them actually wins the case? From my point of view, it sounds like there could be a lot of "he said/she said." What cop is actually going to admit that he/she screwed up and forgot to read the Rights? Exactly how can you "prove" that your Rights weren't read?

Click to expand...

You don't need your rights read to you if you are arrested. That is a fairy tale. However; If they question you they are supposed to read you your rights and ask if you are either willing to waive them or if you want to stay silent.
I am going through a criminal case of my own and the police have produced a signed copy of me waiving my rights! This is total crap as I never waived any rights. The paper that they produced is not witnessed and the signature is similar but not exact.
If you have any doubt then your lawyer should be asking the courts for deposition regarding this.
Just my opinion!

Thank you for your replies... I was asking, because I read a post the other day, where a senior member was advising someone they could say whatever they wanted (including words of self-incrimination) if their rights weren't read to them, because they coudln't be convicted. I was talking about this with some friends at work, because we personally know someone who got his case thrown out for this very reason. We live in a small town, and the whole thing was on the front page of the paper. We were all just wondering how he got away with it... I've never heard of an officer admitting to something like that-- and who would believe a criminal's word over a cop's? I was just curious, that's all.... Thanks!