Can I have a criminal case dismissed as my meranda rights were not read to me and I was arrested and charge with communicating threats by the magistrate.
Optional Information: Country relating to Question: United States State (if USA): North Carolina
Dear JACUSTOMER - If you made any statements to the police after you were arrested and you were not read your Miranda Rights then whatever you said can be suppressed as evidence against you. If that mean the cops have no evidence then the case would be dismissed. There is no requirement to read the Miranda rights unless there is custodial interrogation so if you weren't questioned or didn't say anything then there was no need to have your rights read. Cases are not dismissed because the rights are not read but the cops can't use any evidence obtained as a result.
The cops did not arrest me ,,just took me to the magistrate in the county adm building, there was a complinant made aginast me ok... the cops said the mag, could either charge you or set you free. I was then arrested and charge with commuinating threats, after I gave a brief story of what happen,,he said I was not convinece enough.
The mistake you made was talking before you were arrested. That's what cops always do. They don't have to read you your rights until after the arrest so by the time they arrested you they had what they wanted and didn't have to read you your rights. It is always advisable to never, ever talk to cops no matter what they ask or promise.
Experience: 25 years experience practicing attorney