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Old Feb 20, 2003 | 12:47 AM
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bout' the 5 0's

i need some information here, lets say a cop pulls you over, and arrests you, but doesnt read you your rights..does this have any significance? can the suspension of the license be dropped then?
Old Feb 20, 2003 | 01:56 AM
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What did you, or whom ever you are reffering to, do? I think the cops MUST read you your Miranda Rights, before they can arrest you, and they should have a pretty good reason why also. IMHO.
Old Feb 20, 2003 | 09:08 AM
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they have to read u them and if the didnt you can go to court and say they didnt read u the merander rights and they will drop the charges so im told
Old Feb 20, 2003 | 09:23 AM
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Originally posted by Mazdaspeedx98
they have to read u them and if the didnt you can go to court and say they didnt read u the merander rights and they will drop the charges so im told
It's not quite that easy. The officer involved will be summoned to testify in court. If he shows up, and testifies that he did in fact read you your rights, the court will usually believe the law enforcement official.
Old Feb 20, 2003 | 11:19 AM
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It basically won't work because of the reason listed above. Also it is usually argued that if you know that you have not been read your Miranda rights you must be aware of them already. The only way I could see it becoming a factor is if:

a. You can disprove the arresting officer's testimony that rights were read with and equally credible witness.

- and -

b. You have made an admission of guilt or gave damaging information in a statement made after the time of the arrest that you would not have given had you been read your rights.

Unless this is purely hypothetical, your best recourse is to speak with an lawyer, not a message board. If you are hoping to get off on a technicallity, do not go with a public defender. The best you could hope for with them is a plea bargain.
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