If you are not read your rights when arrested can the charges be dismissed?
Full Question:
If you are arrested for assult and battery charges and the police do not read you your rights, can this charge be thrown out ?
05/10/2007 |
Category: Criminal |
State: Virginia |
#4402
Answer:
Miranda warnings are required warnings the police have been required to recite to an arrested person, involving the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized." Miranda warnings are required to be given after being taken into custody and before questioning by authorities. A person who has been taken into custody and not been given a Miranda warning may have any statements or confessions they made excluded as evidence in their prosecution.