Cop never read my Miranda rights for misdemeanor weapons charge. Can charges be dropped for this?

i was arrested for having a knife clipped to my belt in NYC. I was charged with 265.01 (fourth degree possession of a weapon charge). i was cuffed searched and taken to the station where i was finger printed and held for 9 hours before getting released with a court date. at not time was i read my rights. Is it necessary to be read your rights to be arrested and charged with a crime or does the fact that i had the knife in plain site enough to incriminate me without having my rights read. this is my first offense and i see its punishable by a maximum of 1000$ and/or a yr in prison. What do you think the penalty will be for this and will it go on my record? Should i get a lawyer? thanks everyone. its hard to believe a simple pocket knife could cause so many problems.

trooper3316

Miranda is only required when both of the following exist:.
1. You are in police custody and not free to leave, and
2. You are being questioned about the crime you are in custody for.

In this case, the knife in plain sight was the basis for the arrest, so questioning was not necessary.

Also, Miranda is a rule of evidence only. There is no requirement to drop charges because Miranda is not read. It only means any answers you gave would not be admissible in court.

Ranger K

Nope. You need three things for Miranda to apply: Cops, custody, and questioning. They weren't asking you questions once they arrested you (aside from name, dob, etc which are not protected.) They didn't ask you to incriminate yourself, though.

You didn't need to be read your Miranda rights.

Yes it'll go on your record. I bet you get 6 months unsupervised probation and a $150 fine.

Michael H

Nope.
Contrary to popular belief (and a lot of crappy cop shows) not everyone needs to be mirandized.

No reason for him to read you your Miranda Warning, he had no reason to question you.

He saw you with the knife on your belt, it's a crime. He arrested you.

First offense in a state with overcrowded jails? Not much chance for jail time. Ask for adjudication if available. Still shows the arrest, but no conviction.

Missy M

i'm guessing this is'nt your 1st brush with the law LOL... take the probation and behalf yourself :)

gator

a 4th grade misdemeanor is like spitting on the sidewalk, it's a fine if anything, you will get probation or an ACD ,adjournment contemplating dismissal, if after 6 months you behave yourself, the charges are dropped so with this said don't go before the judge and recite the Miranda thing, it will only make matters worse and try to act as a responsible human being when the judge asks you to explain yourself.

mercedes

Prove it

Staff Patrol

First you need to understand that the crime itself cannot be dismissed because your rights were not read. However, a good lawyer can use this to greatly help in your defense. If you volunteered information that helped in your prosecution, then those statements may be disallowed in court. It is normal practice that your rights are read and it could be an important part of your defense. But, if the act of carrying the knife is illegal and you were caught, then the odds are that the lack of reading your rights will not play in your favor to a big extent. Most states have some concealed weapons laws or permits. If you were abiding by those rules, you are probably going to be ok. I wish you the best luck in the outcome.

hotlips_onu

they will have to drop all charges on anyone who doesn't get the Miranda rights read to them .I have seen a man beat a murder charge because his Miranda rights were not read to him and I myself beat a case cause mine were not read to me and in most states you can prove it cause I know they make you sign a paper stating you was read your rights and understand them

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