Alcohol & Drugs: MIP, MIC, Intoxication Simple possesion arrested without the miranda rights being read

[jyserabic]

My freinds fiance and i got busted having by birthday party at a freinds apartment. his wife smelled the weed and went to the police at the time they were fighting we were busted with half a bottle of jack daniels and less than two grams of weed. we were asked questions but were not read our rights and we also were placed in a cop car two of us were cuffed what can we do and is it legal\

 

[army judge]

You can bet your sweet patootey it is legal.

Miranda warnings are not mandated unless the police question about an incident they suspect you of committing.

In your case, they didn't suspect, they knew!!!

You should shut up about this.
Plead not guilty at your next proceeding.
Hire an attorney if you can afford it.
If you can't, ask the court to appoint one to represent you.

Lawyer up!!!!

 

[mightymoose]

The requirement for Miranda is not as automatic as you might think- there are specific circumstances that must exist for it to be necessary. There is not enough information here to determine that.
Regardless of the questioning, you were caught in possession of these items, and that is really all that is needed as evidence in this case. They likely don't need your statements at all.