Expert: Robin Sexton - 6/14/2008

Question
I WAS QUESTIONED,HANDCUFFED,ARRESTED,TOOK TO JAIL FOR 6 HOURS AND HAD TO BOND OUT.BUT WAS NOT READ MY MIRANDA RIGHTS.I ALSO HAD TO GIVE A WRITTEN STATEMENT.FOR PUBLIC INTOX.CAN THIS CASE BE THROWN OUT BECAUSE I WAS NOT READ MY RIGHTS.?/

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Answer
Stephanie,

The written statement if taken after you were handcuffed should have been preceded by your "Miranda rights".  One thing you may want to try and remember, were the Miranda rights written on the statement you wrote?  Also your statement could be used against the people you may have been with, not against you. Miranda would not apply.
Miranda rights are not required just because a person is arrested.  They are required only if the officers want to use the statement against the writer or speaker in court.

Hope this helped

Robin