Can a case be dismissed if I wasn't read my Miranda rights? 11 Answers as of September 23, 2013

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Not usually. They only have to read Miranda if AFTER arrest? they want to ask you questions that could incriminate you in a crime.? If that is violated then the statement is thrown out, not necessarily the case, unless the conviction can't be gotten without that statement.
Answer Applies to: Michigan
Replied: 9/23/2013
Universal Law Group, Inc. | Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answer Applies to: California
Replied: 9/23/2013
Ascheman & Smith | Landon Ascheman
Possibly, probably not, depending on the facts.
Answer Applies to: Minnesota
Replied: 9/20/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answer Applies to: California
Replied: 9/20/2013
Gates' Law, PLLC | Thomas E. Gates
It depends upon the circumstances. Not everyone needs their Miranda rights given to them.
Answer Applies to: Washington
Replied: 9/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If a person is not properly advised of their rights (Miranda), and that person is in "custody" the court can suppress the use of any statements then made by the person in custody. If, following such suppression, the state lacks sufficient evidence to proceed with prosecution, the case could be dismissed for lack of probable cause to proceed.
    Answer Applies to: Minnesota
    Replied: 9/20/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Not in every instance. It depends upon the facts of the case. Since I don't have any, I cant answer.
    Answer Applies to: Washington
    Replied: 9/20/2013
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    In theory, yes. But, it depends on the facts. In addition to not having been read your Miranda rights, you had to have been questioned by the police. You cannot have spontaneously initiated the conversation and there are a host of other exceptions. If the court determines that police questioning was invalid due to lack of Miranda warnings, any answers you gave are inadmissible. Any evidence the police found as a result of those answers is equally inadmissible. If getting all that evidence thrown out leaves the prosecution with little to no evidence against you, the court may dismiss the case.
    Answer Applies to: California
    Replied: 9/20/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor's case in chef unless the suspect was informed of the right to not make self-incriminatory statements and the right to legal, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required for a person to be detained or arrested. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying.
    Answer Applies to: California
    Replied: 9/20/2013
    Hilliard Law
    Hilliard Law | Attorney Martin G. Hilliard
    You have to be able to prove that your rights weren't read to you. How do you intend on doing that? The Judge will more than likely take the word of the police officer over your word.
    Answer Applies to: Georgia
    Replied: 9/20/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    It depends. A police officer doesn't have to read you your Miranda rights unless he wants to question you while in police custody and use that testimony against you in court. A police officer can arrest you without reading you your rights, so just because you were arrested or charged with a crime without being read your rights doesn't mean the cop did something wrong or that the arrest was illegal.
    Answer Applies to: Missouri
    Replied: 9/20/2013
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