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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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If a person is taken into custody and held without out

Customer Question

If a person is taken into custody and held without out having the charges explained or their rights being read to them, can the case be dropped?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Hello Nina

This is Samuel and I will discuss this and provide you information in this regard.

Hopefully, I can explain this fully. If you have other questions or need clarification please let me know here.

There are differences between being arrested and being detained. One can be called into a police agency and asked to participate in questioning concerning a crime. They do not have to be read any rights. Nor do they need to be told they do not need to participate in the investigation. This type of Detention generally occurs when the police do not have enough evidence to make and arrest or place a charge. And they are really on a "fishing expedition" trying to get more information that could lead to an arrest and a charge.

In that regard, the Miranda warnings are not necessary.

Now, if a person is indeed arrested, they should be told what they are arrested for and they should be charged within 72 hours of the arrest. Once they are are arrested and then charged, they should be read their Miranda rights. However, if the police have all the evidence they need, rights do not need to be read - thought most police agencies by policy will read them. That is because anything said without the rights being read can be argued as inadmissible at a trial.

So while the absence of not being told the charge and not having the rights read are not in itself reason for dismissal, if any information that was given by the suspect to the police absent the reading of the Miranda are argued inadmissible, then they might not have enough evidence to proceed and in that case the matter could be dismissed for lack of evidence.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you