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I was arrested for robbery. The arresting officer questioned me about the incident, but didn't read me my Miranda rights. Did he commit a crime? Can I sue him?
In most situations, the only recourse a defendant has when police have questioned him in custody without informing him of his Miranda rights is to attempt to have his answers kept out of evidence in any resulting trial. If the questioning was accomplished by force or fear, a defendant may have a civil claim that his civil rights were violated, but such claims are rarely brought and very difficult to win.
by: Sara J. Berman
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
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