Shoplifting, Larceny, Robbery, Theft In need of your expertise.

[edenmorneau]

A friend of mine, age 19, located in Kansas, was recently arrested for petty theft (under the the amount of $500). The detective called him at his home at which point his father drove him down, where they arrested him. His dad paid his bail then and he was good to go after going through the paperwork. However, he was never read his rights. What sentences will he be facing on court date and can the lack of being read his rights be used in court? What should he do? I appreciate any and all information and advice you can provide. Thank you for your time.

-Eden

 

[CdwJava]

The sentence would depend on the specific crime. If you can provide the code sections he has been charged under, someone might be able to get you some information on that.

As for Miranda, this is generally only required to be read when both custody AND interrogation are present. Unlike television shows, officers do not have to read you your Miranda rights when they hook you up.

This has been a practice of the NYPD (to Mirandize on arrest), and since so many shows are based out of NYC it is no a surprise so many people see this and think it is a requirement.

- Carl