The police never read me my Miranda rights. Can my case be dismissed?

The honest answer: Probably not. Due to popular television shows, most people think that the failure of the police officer to read you your Miranda rights results in the dismissal of your case. Nope. You are only entitled to Miranda if you are in custody and are about to be interrogated (questioned). The term “in custody” has various meanings, however. You are certainly in custody when you are in jail. However, I once convinced a judge to suppress statements and field sobriety tests because my client was not read his Miranda rights prior to being questioned outside on his front lawn by an officer with his gun drawn. Case over.

I’ve heard of Miranda, but what exactly is it?

“Miranda” has become part of our everyday vocabulary, mainly from police or courtroom television shows and movies. The Miranda warning is what you probably already know or have heard: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you can’t afford one, one will be provided to you.” Miranda comes from the case Miranda v. Arizona, 384 U.S. 436, decided by the United States Supreme Court in 1966. Miranda protects you from being a witness against yourself (self-incrimination). If you confess to a crime or answer questions that the government can use to prove you committed a crime, these statements are likely admissible into evidence at trial. Miranda tells you that you have a right to not answer questions. Miranda also tells you that you have the right to have an attorney with you if you choose to answer questions. This way, you are protected from making a statement that might harm you in court. Miranda, however, need not always be read to you. In order for Miranda to kick in, you must be in a certain situation. First, the person questioning you must (usually) be law enforcement: a police officer, FBI agent, etc. A friend cooperating with the government, wearing a wire, asking you questions probably does not need to read you Miranda before you start a conversation. Second, you must be in an interrogation. If you walk up to an officer and confess to a crime without him asking you a question, you probably cannot challenge your confession on Miranda grounds. Third, you must be in custody. This means that standing on the street corner, unhandcuffed and free to leave at any time, with an officer is probably not custody. Minnesota courts have spent a lot of time figuring out what constitutes law enforcement, interrogation, and custody. Each situation is dealt with on a case-by-case basis. Your case may be different than Joe Smith’s and so what the court decided for Joe Smith may not apply to your case. Oftentimes, these decisions turn on tiny details that may seem insignificant to most people, but could help win you the case—what was said, when, where, how, etc.

When can the police search my car?

Police can search your car whenever they make up a reason to believe you are committing a crime. To be honest, this depends on what kind of car you drive, your race, and what neighborhood you live in. Unfortunately, some police officers engage in racial profiling, and will manufacture reasons to search a car when no valid reason exists. Much like lawyers, one bad apple can ruin the entire lot. Whether the search is legal, however, is another question. The general rule is that police may only search a vehicle without a warrant if they have probable cause to believe that a crime has been committed and believe that there is evidence of a crime in the vehicle. Because this is a highly litigated area of criminal law (https://www.house.leg.state.mn.us/hrd/pubs/ss/clss4th.htm), it is best to consult a criminal defense attorney when your vehicle has been subject to police search. Never give police permission to search your car. The whole, “well if you don’t have anything to hide, why don’t you let me search it” comment is a trick of the trade. Don’t fall for it.

What is the Fourth Amendment and how does it help me?

The Fourth Amendment has graced more dismissal orders than any other Amendment. We as Americans are very lucky to have its protection, for we are the only country in the world where if evidence is seized in violation of its beautiful prose, the evidence is dismissed, suppressed, and done away with. Gone. The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures by law enforcement officers. The Fourth Amendment of the United States Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Article I, section 10, of the Minnesota Constitution is nearly identical to the Fourth Amendment, but the Minnesota Supreme Court has, at times, afforded individuals greater protection against unlawful searches and seizures under the Minnesota Constitution than that available under the Federal Constitution. Protection of the home is at the core of the Fourth Amendment, but protection also applies to persons, papers, and effects.

What is the difference between rape and statutory rape?

criminal defense attorney mn Statutory rape is often referred to nonforcible sexual activity where one of the individuals is below the age of consent (which means the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent (age 16 in Minnesota), it is a generic term, and very few jurisdictions use the actual term “statutory rape” in the language of statutes.

Criminal Sexual Conduct (Rape) can be prosecuted in many different ways. Listed below are the state summaries of criminal sexual conduct, starting with the most serious to the least serious.

Criminal sexual conduct in the first degree is sexual penetration of another person or sexual contact with a person who is less than thirteen years old, and some other circumstance exists, such as the under-thirteen-year-old and the offender are more than three years apart in age, the offender had a dangerous weapon and used or threatened to use it, or the two individuals had a significant relationship and the minor was less than sixteen years old. The sentence is up to 30 years in prison and/or up to a $40,000 fine. See https://www.revisor.mn.gov/statutes/?id=609.342.

Second degree criminal sexual conduct is sexual contact with another person and some other circumstance like those in first degree criminal sexual conduct. The sentence is up to 25 years in prison and/or up to a $35,000 fine. See https://www.revisor.mn.gov/statutes/?id=609.343.

Third degree criminal sexual conduct is sexual penetration of another and some other circumstance like those in first degree criminal sexual conduct or others, such as the offender knows the other individual is mentally impaired or physically helpless, the two have a psychotherapist-patient relationship, or the offender was a masseuse to the other. The sentence is up to 15 years in prison and/or up to a $30,000 fine. See https://www.revisor.mn.gov/statutes/?id=609.344.

Criminal sexual conduct in the fourth degree is sexual contact with another person and some other circumstance like those in third degree criminal sexual conduct. The sentence is up to 10 years in prison and/or up to a $20,000 fine.
See https://www.revisor.mn.gov/statutes/?id=609.345.

Fifth degree criminal sexual conduct is an act of nonconsensual sexual contact or certain acts of the showing of the genitals to an individual under sixteen years of age. This offense carries a sentence of up to 1 year in prison and/or up to a $3,000 fine. The offense, however, may be a felony if this is a second offense of lewd exhibition of the genitals to an individual under sixteen years of age or the same offense in a different state. Such a felony carries a sentence of up to 5 years in prison and/or a $10,000 fine. See https://www.revisor.mn.gov/statutes/?id=609.3451.

Federal sexual abuse is governed by 18 U.S.C. §§ 2241–2248. Each of the statutes relates to a different crime, such as aggravated sexual abuse or abusive sexual contact. 18 U.S.C. § 2242 governs general sexual abuse. If you force another to engage in a sexual act or if you engage in a sexual act when the other either does not know what the act is or cannot withhold consent, you could be sentenced to up to life in prison. See https://www.law.cornell.edu/uscode/text/18/2242.

1. How long do you go to jail for statutory rape?

That depends on which statute you are convicted off. Some defendants do not go to jail at all after being convicted and some will go to prison for many decades, and in some cases, life.

2. Is it legal for an 18 to date a 15?

That depends on what you mean by date. It is not legal for a 15-year-old to have sexual contact with an 18-year-old, as the age of consent in Minnesota is 16 years old. Not a good idea. Don’t be stupid.

3. What does 3rd Degree sexual conduct mean?

Third degree criminal sexual conduct is sexual penetration of another and some other circumstance like those in first degree criminal sexual conduct or others, such as the offender knows the other individual is mentally impaired or physically helpless, the two have a psychotherapist-patient relationship, or the offender was a masseuse to the other. The sentence is up to 15 years in prison and/or up to a $30,000 fine. Many of the Third-Degree charges carry presumptive commitments to prison for at least 36-48 months.

See https://www.revisor.mn.gov/statutes/?id=609.344.