Can I be let go of charges if the officer did not read me my rights? 71 Answers as of August 24, 2011

I always thought the officer had to read me my miranda rights when pressing charges. The officer who pulled me over did not read me my rights at all. Do I have a case?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Movies and television have done nothing but advance false information about Miranda Rights to the public. First off, the police do not have to read you your rights every time they arrest you. They only have to read you your Rights if they wish to interrogate you with incriminating questions. They can arrest you without doing this and therefore, do not have to read you your rights. Most traffic stops are considered brief detentions and normally Miranda does not apply anyway. Secondly, Miranda violations only applies to suppressing incriminating statements or evidence obtained through those incriminating statements. Miranda violations have nothing to do regarding the validity of the arrest. Hope this helps to clear matters up some.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Office of Sara Sencer McArdle
Law Office of Sara Sencer McArdle | Sara Sencer McArdle
An officer is only require to read you your rights if he is going to question you. If you did not make any incriminating statements then there will be no issue. You can call me for further information.
Answer Applies to: New Jersey
Replied: 8/15/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The only time an officer must advise a person of his Miranda rights is when the person is interrogated while in custody.
Answer Applies to: Kansas
Replied: 8/12/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information because as a general rule they only have to read you your rights if uyour are in custody and they intend to interrogate you. They can arrest you and not read you your rights if they do not question you about the offense. They can ask certain basic questions.
Answer Applies to: New York
Replied: 8/11/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Not on the Miranda issue alone.
Answer Applies to: Texas
Replied: 8/11/2011
    Advanced Litigation Services
    Advanced Litigation Services | Joseph Iarussi
    Miranda warnings only apply if an officer asks you a question that could elicit an incriminating response while you are in custody.If the officer does not ask you any questions then he does not need to read you the Miranda warning (you have the right to remain silent, anything you say can and will be used against you....)
    Answer Applies to: Nevada
    Replied: 8/10/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    By "let go", do you mean case dismissed? It all depends. The Miranda warning is "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 cannot afford one, an attorney may be appointed to you at no cost". An officer only has to read you're your Miranda if he is going to try and question you, or attempt to obtain some kind of additional information from you. If he does so, then he must read you Miranda. If he obtains information against your interests, without Miranda warnings, then that information may well be inadmissible in court. Without that information, if the prosecutor cannot prove the case, then charges could be dismissed. You may or may not have a case, depending upon the particular facts of your case. You need to consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/8/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Typically they do not have to read you your rights for a routine traffic stop, only once you are under arrest or put in custody. Even if you should have been read your rights while under arrest only the statements you made after arrest or custody would be suppressed through a motion called a 1538.5 motion. You should speak with a criminal defense attorney right away if you think you may have been in custody or under arrest at the time you made incriminating statements.
    Answer Applies to: California
    Replied: 8/8/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    If the officer failed to mirandize you, it does not mean the charges will be dismissed. It can mean that certain evidence, such as any admissions that you made, cannot be used against you.
    Answer Applies to: Michigan
    Replied: 8/8/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    If the arresting officer did not read you your rights it may result in suppressing any statements that you may have given but will not automatically result in the charges being dropped.
    Answer Applies to: District of Columbia
    Replied: 8/8/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Being read your rights only gets statements thrown out. If you are not read your rights and then you give a confession or a statement that in some way hurts your case, your attorney can ask for a suppression hearing to have the statement thrown out. If the statement leads to a search that leads to additional evidence, that evidence may be thrown out as well (as long as one of the exceptions doesn't apply). But the charges themselves are not thrown out simply for not being mirandized.
    Answer Applies to: Missouri
    Replied: 8/8/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. The failure to Mirandize you does not result in an automatic dismissal. If, as the result of no Miranda Warnings, you made statements while arrested or property was seized from you unlawfully, then you nay be able to prevent the police from using that evidence against you because it's "fruit of the poisonous tree". That may require a dismissal if they don't have sufficient other evidence against you.
    Answer Applies to: New York
    Replied: 8/7/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    There is a general misconception of not being read one's rights. The effect of not being advised of Miranda rights is the ability to make a motion to prevent the State from using any statements you have made after you are placed under arrest at your trial. The omission has no effect on the validity of an arrest or the State's ability to prosecute. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 8/6/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    No. If you're not read your rights it only means you can argue that any statements you made shouldn't be allowed in as evidence against you, nothing else... Whenever you're facing DUI charges it's important that you have experienced representation,
    Answer Applies to: New York
    Replied: 8/6/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Not necessarily. You fail to mention anything about your case here, so it is impossible for me to tell you your chances in a court on your case.A genera; rule is: if you made a confession to committing a crime, after being arrested, you can file a motion to suppress the statement, and if it is granted, the prosecution cannot use the confession at trial.However, if there is additional evidence that can substantiate the case, you will be convicted.VERY rarely is a failure to read you your rights grounds for a dismissal.
    Answer Applies to: Illinois
    Replied: 8/6/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No.
    Answer Applies to: Michigan
    Replied: 8/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Miranda Rights are required before an in custody questioning. If they were not given a motion to " suppress " the statement should be made. It sounds like a lawyer would be in order.
    Answer Applies to: California
    Replied: 8/6/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    8-5-11 Miranda warnings only apply when an officer is to interrogate a person in custody. Failure to give Miranda warnings may prevent the statement or confession from being admitted at Court. Police officers have no duty to read rights upon arrest.
    Answer Applies to: Alabama
    Replied: 8/6/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    No. Lack of being read Miranda rights can potentially affect any statements you made to the officer. They do not impact whether you can be arrested.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    The "Miranda" warnings only relate to statements made by a defendant. If statements by a defendant are not used then the applicability of Miranda is narrow, relating only to the right to counsel. If you are not held after arrest then "Miranda" probably will not help you.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Your question implicates Miranda v. Arizona a landmark case decided by the United States Supreme Court. The Miranda decision says a law enforcement officer must read the famous rights once you are "in custody." Now the remedy for failure to read those rights is not outright dismissal of charges. The Miranda case ruled that only a defendant's statements can be excluded from court if the rights are not read. In other words, unless you made an incriminating statement while In CUSTODY, the failure of the officer to read you your rights means nothing. You will still be facing charges and you will still need a skilled lawyer to defend you.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No. Miranda rights need only be read to you after arrest and when questioning you to seek a confession. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You only have to be informed of your Miranda rights whenever the authorities wish to interrogate you in a custodial setting.
    Answer Applies to: California
    Replied: 8/5/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If the officer did not question you, he may not have had to read you your rights.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    Here is the big question, Why not just give Miranda every time a person is arrested or in custody?Virtually every client that Ive represented and thats thousands by the waypoint out to me that he or she were not given Miranda warnings.People just dont realize that generally, Miranda warnings are only given on television and in the movies.The only time that police are required to give Miranda warnings is when a suspect is in custody and being questioned, AKA interrogated.Custody is defined as whether a reasonable person in the suspects position would believe he or she was free to leave.Courts bend over backward to say this reasonable person standard was not met by defendants in evidentiary hearings.What are the police so afraid of?Obviously they are afraid of the constitution and liberty, which is why they dont advise someone of their right to have a lawyer.If they werent concerned that they were doing something wrong, manipulative or deceptive, they wouldnt care if there was a lawyer present. The fact is that many of the cases that I beat at trial by getting a charge reduced or a client found not guilty is because the police and prosecutors cheated, hid evidence, created evidence or manipulated witness testimony.If everyone would just do their job ethically and according to the rules, the system would work the way it was intended.We know that the jails hold many wrongfully convicted people and many people who are guilty to free.The ration of wrong calls by juries as compared to accurate verdicts would be reduced drastically if law enforcement (police, prosecutors and courts) would consistently follow the rules. Unfortunately, there is no legal requirement for Miranda warnings to be given upon arrest. This really only happens in the movies. Miranda warnings only have to be given to a suspect who is "in custody" and who is going to be "interrogated." Sorry.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: An officer is required to read you your Miranda rights when you are detained or arrested, prior to eliciting incriminating evidence from you through questioning. This right is not well-respected by the Courts (and certainly not by the police or the various District Attorney's Offices). There is constantly some fabricated challenge to whether someone was actuallydetained, or not, i.e., would a reasonable person feel free to leave. Then, there is the 'investigation' ruse, in which the D.A. argues, and the Judge agrees, that the questioning while detained after a pre-textual stop for suspicion of driving under the influence was "merely forthe purpose of investigation" (as ifany question would not be for the purpose of investigation...how asinine), so Miranda somehow magically does not apply and a defendant's non-Mirandized statements to the officer are admitted into evidence. The upshot of this is the same tired adage I have long flogged: DO NOT TALK TO THE POLICE! Politely say that you have no comment. Politely say that you want an attorney if you are suspected of a crime. Politely offer to provide a breath or blood sample (breath can be done in the field), but refuse to participate in any Field Sobriety Tests (FST's, aka Facts to inSure convicTion), as hardly anyone but a dancer, gymnast,martial artistor someone with exceptional balance can really do them well, even sober. You have to give a sample anyway, under California's 'Implied Consent' law. Any driver pre-agrees to provide a sample upon reasonablerequest by law enforcement (and to the DMV that means any damn time they want it). I know, I know... The nice officer said that if you cooperated, and/or you would just tell the truth, that this would all be cleared up soon and you could be on your way. And you believed that, did you? Well, it probably sounded pretty reasonable at the time. Of course it sounded better than the alternative - arrest and/or CPS coming to take your children. All threats that are commonly made by the police to coerce your compliance with an investigation or arrest. Guess what? You were 99% likely to have been arrested anyway. The only difference is that you probably ended up making several admissions (statements against your penal interest, not tantamount to a complete confession... unless, of course, you actually did make a complete confession), which will certainly be admitted into evidence against you should you fight the case and proceed to trial. An officer is allowed to lie to you - by law. Doesn't seem fair? Hmmm. Anything you say is very likely tobe twisted, warped, distorted or contorted (the 'spin') in the manner that reflects least favorably upon you (and perhaps least favorably uponthe truth), and that will most assist with a conviction. In these economic times the police seem more hell-bent than ever to arrest and convict on any pretext. Do not delude yourself. It is about money and politics, far more than about public safety. The law is not applied evenly or uniformly. There are always the classes of people who are above the law, or to whom, at least, the lawapplies much more loosely and leniently (police, District Attorneys, Judges, the wealthy). Learn your rights. Be aware. It is scary to be pulled over. Take deep breaths. Say as little as possible and if there is any chance you might have been breaking the law,just ask for a lawyer. Use common sense.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    That depends on if the.only.evidence.in your.case comes from what you said. If yes then you have a case.
    Answer Applies to: California
    Replied: 8/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    The Miranda warning works in relation to statements made in detention. It does not preclude an officer's ability to arrest you. If you were not read your Miranda rights, then an officer may not use any direct statements you made in custody to incriminate you at trial but can still act on the things that you say. Because of this, failure to be read your Miranda rights may work to your advantage in your defense if the police intend to use any direct statements you have made against you. However, this may not be necessary for them to build a case against you. To determine whether or not this could play a factor in your defense, you should contact an experienced criminal defense attorney in your area. If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free cas evaluation.
    Answer Applies to: Louisiana
    Replied: 8/5/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Probably not on a roadside matter.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested. Interrogation means they are asked questions. If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation. If there is sufficient independent evidence to proceed after that, the case may still go forward.
    Answer Applies to: Minnesota
    Replied: 8/5/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    This is a common question from many clients. Many crime television programs foster the belief that Miranda warnings must be given immediately upon arrest. Unfortunately, this is not the case. Miranda warnings only apply to "in custody interrogation". So, if a police officer arrests you and doesn't ask you any questions about the offense, the Miranda warnings need not be given. Failure to recite the provisions of Miranda are not fatal to the arrest. If you were questioned about the offense after being arrested without being advised of your Miranda rights, any statements you made in response to the questioning by the police may be suppressed.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    This is a common misperception. The police only need to read you your Miranda rights if they engage in a custodial interrogation. If they don't ask you any questions, they don't have to advise you or your right to remain silent. If they violate this rule, the remedy is to exclude any statement you might have made. It does not get the case thrown out.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Possibly. The non reading of your Constitutional rights is only significant if you admitted something to the police during a custodial interrogation. Your statements could be excluded by way of a suppression motion.
    Answer Applies to: California
    Replied: 8/5/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a criminal attorney ASAP. The reading requirement of Miranda applies, generally, only to the question of the admissibility of a custodial statement and not to whether a charge may be brought. So, hire a lawyer soon!
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    No. The police have to read you your rights if 1) you're arrested, and 2) they question you. If they don't read you your rights when they have to, then any statements you make as a result might be excluded from your trial. A traffic stop is not usually an 'arrest,' and the police don't have to read Miranda warnings to every motorist they stop.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Miranda is only required when a citizen is in custody. In the DWI scenario it is generally only required after the officer has formed the opinion the driver is intoxicated and the citizen is arrested. At that point if Miranda is not provided and the citizen is the subject of interrogation, then the remedy may be suppression of any statements provided, but usually not the dismissal of the charges.
    Answer Applies to: New Hampshire
    Replied: 8/5/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The reading of your rights only impacts if any statements you made can be used against you in court if you are in custody. Otherwise not having them read would not lead to a dismissal of your case.
    Answer Applies to: California
    Replied: 8/5/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    In every DUI every time you have a case. Miranda is important but generally not going to make or break the State's prosecution of you. Miranda applies to post arrest questioning. DUI cases are usually built on rearrest investigation and a post arrest test of your breath or blood. DUI's need to be evaluated by an experienced DUI attorney because, while not as serious as for instance a murder prosecution, they are much more complicated. Thank you,
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The answer to your question requires more information. There are requirements that you are informed of creation rights during and OUI (Operating Under the Influence) arrest and booking process. Miranda rights are only one set of rights. There are others, such as your right to an independent blood test. You obviously need an attorney to represent you on your OUI charges. Make sure that the lawyer you hire handles OUIs routinely and knows the specific rights that you are entitled to so that you can be effectively represented. Not every generalist is aware of all of the defense available in an OUI defense.
    Answer Applies to: Massachusetts
    Replied: 8/5/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Traffic stops are not considered a search or questioning so no need to do Miranda rights. You may have other better avenues to attack the stop, but Miranda is not likely to be one of them. A Criminal attorney can review the reports and give you clearer areas where you can attack. A good Criminal attorney is worth what it will cost.
    Answer Applies to: Nebraska
    Replied: 8/5/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    This is the most common mistake made by lay people. Miranda rights apply after arrest and means that any questioning after arrest can be excluded from court.
    Answer Applies to: New Hampshire
    Replied: 8/5/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    This one shows up about every 6 weeks. The only time law enforcement has to read you a Miranda warning is if (a) you are in custody and (b) the officer wants to question you. Not in custody? No Miranda needed. In custody but no questioning after the arrest? No Miranda needed.
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    No. The arresting officer only has to read you "Miranda" like warnings if he is going to question you. In DUI stops the officer does not have to read "Miranda" to conduct field sobriety tests or breath tests.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No The only time that the police need to read you MIRANDA is when you are in custody and they want to question you about the crime. (they hope to get a confession.)
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The Miranda law can be very technical and complicated and so to give you complete answer, I would need to know more about your case. However, the general premise is that an officer only need read you your Miranda warnings if he/she is going to ask you questions about the incident. However, assuming that you made any incriminating statements you may have a motion to suppress. Therefore, you should hire an experienced criminal defense attorney and tell him every detail of what happened so that your attorney can evaluate whether or not a motion to suppress should be filed.
    Answer Applies to: Pennsylvania
    Replied: 8/5/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    It is highly unlikely.
    Answer Applies to: Pennsylvania
    Replied: 8/5/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No. Miranda warnings are only useful if you are not read your rights and then make a confession or incriminating statement. Then you can challenge it and keep the confession or statement out. But it has no other purpose. Sorry. You are one of about 100 million Americans who believe this to be true. Too much television.
    Answer Applies to: California
    Replied: 8/5/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    It's only an issue if the officer questioned you after your arrest. If you made any incriminating statements without being advised of your rights, those statement will not be admissible against you.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Office of Joseph Schodowski
    Law Office of Joseph Schodowski | Joseph Schodowski
    It depends. An officer doesn't need to read you your Miranda rights, unless you are subjected to custodial interrogation, i.e. questioning you about your alleged crimes. If an officer fails to do so, anything you say can be suppressed. In your case, the fact that the officer did not read you your rights after you were arrested probably doesn't really matter, unless the only evidence used to file charges against you was your incriminating statements.
    Answer Applies to: Washington
    Replied: 8/5/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whether and when an officer must read someone their rights is fact specific. In other words, the officers do not always have to read you your rights. If you have a pending criminal charge, you should hire an attorney. The fact that the officer did not read you your rights may be important to your case. You need to hire an attorney.
    Answer Applies to: Hawaii
    Replied: 8/5/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Miranda rights only come into play if you're in custody and being questioned. Roadside questioning during a detention (i.e. DUI stop) do not necessarily involve Miranda... In fact most routine DUI cases never have Miranda rights given, nor is it an issue. The legality of your stop, detention, investigation and arrest, not to mention an attack on the blood results, are the typical issues, but every case is unique. This is for you and your attorney to discuss in detail after reviewing the police reports.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Office of James McKain
    The Law Office of James McKain | James McKain
    The remedy for failure to advise you of your rights depends in which rights were violated. If you were questioned, any answers to those questions should be suppressed. If you requested a lawyer and were not provided one evidence obtained after that failure would be suppressed. Good, bad, or indifferent, failure to advise a suspect of their constitutional rights as required by Miranda v. Arizona is not a "get out of jail free" card, rather, it allows the court to counteract evidence that was obtained illegally. Contact an experienced defense attorney so you can discuss the particulars of your case in a safe and confidential setting. Thank you,
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    The Miranda rights only have to be given to a suspect when the police are attempting to question the arrest.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can. Miranda only has to be read after arrest. Cops are trained to get everything incriminating about you "prior" to an arrest. So, you better contact a lawyer regarding a "real" defense. The miranda defense is a loser for you.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    The mere fact that you were arrested does not, in and of itself, entitle you to be read your Miranda rights. A Miranda warning is only warranted when an individual is 1) in custody and 2) being interrogated by the police. Whether or not you were entitled to such a warning or whether your rights were violated is very fact specific meaning much more detail about the facts and circumstances of your arrest are needed to properly and thoroughly analyze if there was any violation. Also, a Miranda violation does not necessarily mean that your case will be thrown out. Rather, the remedy for a violation would be to suppress any evidence obtained as a result of the violation. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 8/5/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Unfortunately the fact that the officer didn't read your legal rights will not lead to your case being dismissed. The only sanction if your rights are not read to you (if they needed to be meaning you were in custody) is that your statements to the police may be suppressed at the trial. You should immediately meet with an experienced criminal defense law firm to help you.
    Answer Applies to: California
    Replied: 8/5/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    No, you do not have a case. Miranda rights only relate to any incriminating statements you may have made to the officer during your arrest. So, if the police say you admitted guilt while stopped or in custody, and failed to read you your rights, then your admission of guilt would be thrown out of court.
    Answer Applies to: New York
    Replied: 8/5/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    The giving of Miranda rights only comes into play when you are trying to keep statements from being used against you. If you are under arrest or otherwise in custody such that it is tantamount to arrest then you have to be advised of your Miranda rights before they can interrogate you and then use any statements against you in court. In any event, they can still proceed to charge you in the absence of any Miranda warnings.
    Answer Applies to: Washington
    Replied: 8/5/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    A police officer must read Miranda warnings before custodial interrogation. If not done, statements you make could be thrown out of court. You can still be arrested.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Only if you made admissions while under arrest. The law is very clear and people don't understand this distinction. The rights don't matter except for statements made without Miranda rights being read after arrest.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    NO. MIRANDA IS A RULE OF EVIDENCE AND NOT PROCEDURE. The only consequence is that the illegal evidence, if any, will be suppressed.
    Answer Applies to: Maine
    Replied: 8/5/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Miranda Rights - these are to protect you from the physically oppressiveness of custodial interrogation, so if they do not need your statements made after you were arrested (cuffs), they can just use the other evidence . cops can chat you up prior to arresting you and those words come in without miranda warnings or - if the evidence did not come only from your mouth, they can still proceed.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The only repercussion from the officer's failure to read you your Miranda rights (if you were in custody and were being interrogated - those are the two things that trigger the reading of the rights) is that any statements that you made will be suppressed. However, the rest of the case is free to go on for prosecution.
    Answer Applies to: Texas
    Replied: 8/5/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The remedy for not being giving your Miranda warnings is to suppress any statements you may have made after those rights should have been administered. Mike M.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Te police do not have to read you the "Miranda Warnings" unless they 'interrogate' you while "in custody". Even then they can lie about it, so its not a reason to dismiss the charges, just to suppress any potential confessions or admissions. It's not a right you have and it does not help your case unless you gave a statement they intend to use at trial. Retain a criminal attorney to handle the case if you have the funds.
    Answer Applies to: New York
    Replied: 8/5/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    No. The police only have to read Miranda rights if you are both in custody and being questioned. If the police don't do that then statements can be suppressed but the case does not get dismissed because Miranda doesn't get read. You need to defend the case on the merits. Feel free to contact me if you wish to retain counsel. I am a former federal and State prosecutor and now handle criminal defense.
    Answer Applies to: New York
    Replied: 8/5/2011
    The English Law Firm
    The English Law Firm | Robert English
    No. This is a common misconception as to Miranda rights. If the police fail to read you your rights and then engage in an interrogation, the statements you make cannot be used against you and may be suppressed. This evidence suppression does not have any impact on the officer's observations or other evidence unless that evidence was from a tainted interrogation. The failure to read rights is not a "get out of jail free" card, but rather a specific right as to specific types of evidence. If the case can be made against you without your statements or confession, then there really is no need to read your rights to you.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Probably not. Police are only required to read you your rights (known as the Miranda advisement) prior to questioning you if you are in custody. There is no general requirement that you be advised of your right to remain silent and to have an attorney unless you are in custody and being questioned. Failure by the police to provide you this warning does not result in dismissal of the charges against you. Rather, the remedy is exclusion at trial of any statements you made prior to being read your rights.
    Answer Applies to: Alaska
    Replied: 8/5/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    No. A lot of people have this same misunderstanding largely due to television and movies. You need to consult with an attorney to determine whether it makes any difference at all in your particular case. Police are not required to read everyone their Miranda rights upon arrest. If you do not already have an attorney, I might be able to help you myself.
    Answer Applies to: Missouri
    Replied: 8/5/2011
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