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If I was not read my rights before or after I was arrested can that drop the charges?

There was a fight on my property with a lady who is aware that she is not allowed at the residence. I was defending myself and went to jail she didn't get charged for nothing. I also was NOT read my right before or after I was arrested.

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    Jonathan Hackworth | Blumenauer Hackworth, PA
    PO Box 4347
    Tampa, FL 33677
    (813) 830-2261
    No, that would not result in the charges being dropped. Ultimately, it will only result in any statements being suppressed. Additionally, there are many specifics regarding when someone is required to advised of their Miranda rights.
    Answer Applies to: Florida - Replied: 4/26/2013
    R. Jason de Groot | R. Jason de Groot, P.A
    R. Jason de Groot, P.A
    Deltona, FL 32728-5775
    (386) 337-8239
    The failure to read Miranda rights to someone is not usually grounds to get a case dropped. What we look for is to suppress evidence because of the failure. If the only evidence they have is a confession, then it might make a big difference. Only an attorney who knows all the facts can give valid advice regarding your individual circumstances. The police report may well say that the rights were read to you, whether they were or not.
    Answer Applies to: Florida - Replied: 4/26/2013
    Eric J. Trabin | The Trabin Law Firm, P.L.
    7200 Aloma Avenue
    Winter Park, FL 32792
    (407) 925-2949
    There is no requirement for the police to read you your rights when you are arrested. Under the law, and as interpreted by Florida courts, the obligation for police to read you your Miranda rights is when you are in custody and prior to any interrogation. If the police detained you and questioned you without reading you your rights then anything you said might be able to get excluded from the trial, but that won't necessarily get your case dropped since the lady can still testify what she alleges you did. If the police didn't question you at all then it doesn't matter that you weren't read Miranda rights.
    Answer Applies to: Florida - Replied: 4/26/2013
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