Can all charges be dropped if I was not read my rights? 6 Answers as of December 14, 2011

If you was never told your Miranda rights when arrested, can all charges be dropped? There was no reading of the Miranda Rights when I got arrested.

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Adesina Law Office, P.C.
Adesina Law Office, P.C. | Adebayo Adesina
Your lawyer will have to file a motion and make the arguement. However, I will caution you that failure to provide Miranda warning is not a strong line of defense since it will be your words against the officer's word. Also, all the officer has to do is check a box on one of the reports attesting to the fact that the Miranda rights were read to you and this is acceptable proof that it was read.
Answer Applies to: Illinois
Replied: 12/14/2011
Law Office of Kendall D. Hartsfield | Kendall D. Hartsfield
Not necessarily. Miranda rights are required to be read by officers if they have a suspect in custody, and before they subject that suspect to interrogation. If those rights are not read, then any statement made by a suspect may not be used against him.
Answer Applies to: Illinois
Replied: 12/14/2011
Myles Hahn III Attorney at Law | Myles Hahn III
In some situations, the court can exclude from evidence at your trial any evidence, statements you may have made, the drugs or other evidence recovered, if you were not advised of your Miranda rights. Speak to an attorney re all details.
Answer Applies to: Illinois
Replied: 12/14/2011
Mevora Law Offices | Bradley C. Giglio
The police are not required to give you Miranda rights every time you are arrested. They are required when the police question you when you are in custody and the police/prosecution want to use that statement against you. So just because they didn't advise you of your Miranda rights, you do not have a get out of jail free card. If you gave an incriminating statement (admission) as a result of the police questioning you when you were in custody, then you could file a motion to suppress. If successful, the judge would prevent the prosecution from using that statement against you. If the police used that statement to find more evidence, you may be able to keep that additional evidence from being used against you as well.
Answer Applies to: Illinois
Replied: 12/14/2011
The Law Offices of Stephen L. Richards | Stephen L. Richards
This is a common mistake. There is no general requirement that you be read your Miranda rights. If you are not read your rights, the state cannot use your statements against you, but you can still be charged and convicted based upon other evidence.
Answer Applies to: Illinois
Replied: 12/14/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    There is no requirement that the police read Miranda to a person who has been arrested. The charges will never be dropped for that reason. Miranda need only be read when the police intend to question a person in custody about he crime for which he was arrested.
    Answer Applies to: Illinois
    Replied: 12/13/2011
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