rights

[BossHogg]

I have a friend that was just charged with hit and run and leaving the scene of an accident, he also had a warrant out for his arrest for missing a court date but didnt know.

When he was handcuffed and questioned about the accident before he was taken to jail he was never read his rights or read his rights at all. Do you have to read someone their rights if they have a warrant out for their arrest, and is it possible that the new charges could be dismissed because he was never read his rights?

Thank You

 

[Red Mustang Gt]

If his arrest was directly as a result of only questioning, there would probably be an issue. If he were caught driving the vehicle of which he committed the violation or was identified in a one on one, questioning probably wouldn't affect the outcome of the charge.

Miranda = Custody & Interrogation...

 

[FordSVTFan]

I have a friend that was just charged with hit and run and leaving the scene of an accident, he also had a warrant out for his arrest for missing a court date but didnt know.

When he was handcuffed and questioned about the accident before he was taken to jail he was never read his rights or read his rights at all. Do you have to read someone their rights if they have a warrant out for their arrest, and is it possible that the new charges could be dismissed because he was never read his rights?

Thank You

He was arrested based on a warrant, plus leaving the scene of an accident. There are too many variables with your question. If they questioned him to establish the grounds for the "hit and run" charge, then it is an allowable pre-custodial interview. If he was placed under arrest and taken into custody and then asked questions not meant to elicit an incriminatory response, that is okay too. Miranda is basically necessary when there will be custodial interrogation of a person meant to elicit incriminatory responses. Of course, there are exceptions to this rule as well.

The charges would not typically be dismissed if he wasnt mirandized before questioning occurred, the typical remedy is exclusion of the incriminatory statements. Since, they likely have other evidence, the charge will remain.