Mickleton, NJ Criminal Defense Law Firms & Lawyers

Unfortunately, not having your Miranda rights read to you does not overturn your arrest, or bar the district attorney from prosecuting you for the crime charged. For the most part, the failure to be read your Miranda Rights precludes any evidence that was obtained during questioning from being admitted into evidence. If after you were arrested you did not make any statements to the police before being read your Miranda Rights, then there is nothing that can be precluded from being used against you. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without the suspect's statements. So it appears from your case that the cause for the arrest cannot be precluded based on a failure to be read your Miranda Rights.