Can I get off on all charges if my Miranda right is neither read nor I signed any type of paper work after the arrest? 60 Answers as of May 22, 2013

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Law office of Robert D. Scott | Robert Scott
Your Miranda rights are only relevant if police questioned you about the crime you were charged with and you made statements which incriminated you, before your rights were read to you.
Answer Applies to: Maryland
Replied: 8/27/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
It is possible, but not real likely unless they questioned you.
Answer Applies to: Nebraska
Replied: 8/27/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Police do not have to provide Miranda warnings to arrest you only to interrogate you.
Answer Applies to: Alabama
Replied: 8/27/2012
The Law Offices of Stephen L. Richards | Stephen L. Richards
No.
Answer Applies to: Illinois
Replied: 5/22/2013
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
No. It only matters if you made admissions after arrest.
Answer Applies to: Michigan
Replied: 8/27/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Usually not. A Miranda warning must be give when you are under arrest and being questioned. If violated the state may not use your statement against you.
    Answer Applies to: Minnesota
    Replied: 8/26/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If there was absolutely no other evidence than your admission to the commission of the offense, it could be dismissed after your attorney filed a motion to suppress the statement. If there is additional evidence tying you to the crime, you will gain nothing by doing this, and the prosecution can proceed as normal.
    Answer Applies to: Illinois
    Replied: 8/26/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Failure of receiving Miranda while in custody prevents any statement given by you to be excluded from your case, that's it.
    Answer Applies to: Rhode Island
    Replied: 8/26/2012
    Kalberg Law Office, L.L.C. | Chris Kalberg
    That would depend on a lot I things, but Miranda is only relevant when there is a custodial interrogation.
    Answer Applies to: Kansas
    Replied: 8/26/2012
    Jay Tanenbaum | Jay Tanenbaum
    An arrest without Miranda warnings is still valid. Any admission or confession would not be admissible if Miranda warning is deemed to be legally required.
    Answer Applies to: California
    Replied: 8/25/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No.
    Answer Applies to: Georgia
    Replied: 5/22/2013
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    A Miranda violation does not entitle you to automatic dismissal of all charges. But it might lead to that result. If your Miranda rights were not provided, any evidence the police found as a direct or indirect result of anything you said can be thrown out. If the judge is convinced that, without the evidence, the prosecution has no case, he might dismiss the charges. Consult an attorney with the details of your case in order to preserve your rights.
    Answer Applies to: California
    Replied: 8/24/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Probably not. All a Miranda violation does is suppress any statements or confessions that you made to the police. It does not suppress any other evidence that the police have against you. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 8/24/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. You would have an evidence suppression issue to raise in a motion only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. You might be surprised to find the police reports claim you were so advised. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/24/2012
    Mary W Craig P.C. | Mary W Craig
    No, you can't get your case dismissed simply because you weren't Mirandized. The Miranda warning applies to statements you made during custodial interrogation. If you gave a statement to the police without the Miranda warning and without signing a waiver of rights, then they can't use whatever statement you made against you. The arrest is still valid. If they didn't question you and you didn't give them a statement, then the failure to Mirandize you is moot.
    Answer Applies to: Alabama
    Replied: 8/24/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No.
    Answer Applies to: Virginia
    Replied: 5/22/2013
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Probably not unless the only evidence the police have is from a confession made while you were in custody but not Mirandized.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2012
    Steven Alpers | Steven Alpers
    Miranda only affects the admisibility of statements. If no custodial questioning occurred Miranda will not affect your case.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    NO. Miranda is simply a rule of evidence, so if you were never read Miranda rights, any evidence taken from you after you were placed in custody would be suppressed, unless voluntarily made. You should contact a qualified attorney in your area.
    Answer Applies to: Maine
    Replied: 8/24/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and (3) wants to question that person. No questioning = no warning necessary. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.
    Answer Applies to: Georgia
    Replied: 8/24/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Miranda rights are required to be given not because of an arrest but if the police want to question someone regardless of whether an arrest is made. If the police did not question you, there is no violation. If they did question you, you may be able to supress any statements made prior to being advised of your rights.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you made statements before you were read your rights and you were in custody at the time your lawyer can make a motion to suppress that evidence. If hey did not interrogate you then they do not have to read the Miranda Warnings to you.
    Answer Applies to: New York
    Replied: 8/24/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    IT's POSSIBLE. RETAIN a criminal attorney ASAP.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Generally not. If the police do not comply with Miranda, a judge will only be able to prevent any statements that you made to the police after your arrest from being used against you.
    Answer Applies to: Utah
    Replied: 8/24/2012
    Castro, Rivera & Associates | Sandra Rivera
    The Miranda rights only affect any statements that you made after your arrest. If you didn't say anything or answer any questions the charges can still be filed against you. You can also be charged even of you didn't sign anything.
    Answer Applies to: Florida
    Replied: 8/24/2012
    Law Office of Andrew W. Kowalkowski PLLC | Andrew W. Kowalkowski
    Miranda rights serve to inform you of your right to remain silent in custodial interrogations. A failure on the part of the investigating officer to read your Miranda rights may play an important part in your defense and, depending on the charge, could lead to a reduced charge or even dismissal.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    NO. When people stop watching these stupid cop/lawyer shows you will learn that if Miranda is not given the only thing it does is that if you stupidly made an incriminating statement they can't use it. But do you really think the cops will admit to that.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely, no. If the police violated your Miranda rights, the most that would happen is that they would not be able to use any statements or answers you may have made during interrogation. If the other evidence is sufficient to maintain the charge, then you would still need to move forward with a defense strategy.
    Answer Applies to: Kansas
    Replied: 8/24/2012
    Cale Plamann | Cale Plamann
    Maybe. Lack of Miranda Rights being read would trigger a suppression hearing, these are heavily fact dependent so it would be impossible to tell you what your chances are without knowing more. That said, the only evidence that would be thrown out would be things that you said after your arrest. If the rest of the evidence against you was enough to convict you, the DA will probably still charge you.
    Answer Applies to: Wisconsin
    Replied: 8/24/2012
    William L. Welch, III Attorney | William L. Welch, III
    Probably not, unless the only evidence in the case was your own confession.
    Answer Applies to: Maryland
    Replied: 8/24/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Probably not. Miranda only has to be read to you if you are (1) in custody and (2) being interrogated. Also, if the Miranda warnings were supposed to have been read to you but they were not, it just means that any statements you made cannot be used against you. All other evidence in the case remains available for the prosecutor to use so unless your own statements were the only evidence against you, the case will likely not be dismissed.
    Answer Applies to: Colorado
    Replied: 8/24/2012
    The Law Office of Lynn Norton-Ramirez
    The Law Office of Lynn Norton-Ramirez | Lynn Norton-Ramirez
    No, Miranda only applies to the admission of a statement.
    Answer Applies to: North Carolina
    Replied: 8/24/2012
    Prater, Duncan & Craig, LLC
    Prater, Duncan & Craig, LLC | John D Duncan
    It depends. Miranda rights are in place to protect you from making incriminating statements regarding your case, as well as reminding you of your right to have an attorney. Anyone can be arrested without a reading of Miranda rights when probable cause exists. If you make statements to the police during questioning and they never mirandized you, that means that any of those statements could not be used against you. If your arrest and charge is solely based on statements made while in custody without a miranda warning, yes, you might be able to avoid conviction. It sounds like you should give an attorney a call to give more specifics on your case.
    Answer Applies to: Georgia
    Replied: 8/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No. The failure to give Miranda warnings does not mean that the case can be dismissed, or that you can get out of the charges. You need a privately retained attorney to help you with this matter.
    Answer Applies to: Florida
    Replied: 8/24/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is possible, but just lack of signature alone is not definitive. The issue is, we're you actually denied your constitutional rights or not. If you were somehow deprived of important Constitutional rights, then your case may be thrown out/ dismissed. Your lawyer will need all the facts of your arrest, including booking video, if available, rights forms, and the testimony of the arresting and booking officers. Speak to your attorney. If you do not have one, get one!
    Answer Applies to: Massachusetts
    Replied: 8/24/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Any evidence derived by questioning you or discovered as a result is suppressible. Any evidence independently discovered is admissible
    Answer Applies to: New Jersey
    Replied: 8/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Unlikely. Miranda only has to be read AFTER a person has been arrested, and ONLY if they intend to interrogate that person. Most cops are trained to get everything they need from your mouth BEFORE an arrest takes place, thereby making Miranda irrelevant.
    Answer Applies to: California
    Replied: 8/24/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you were questioned, AFTER ARREST, without Miranda then those statements could be thrown out. Miranda is only required if they arrest you and then want to question you about the crime or crimes.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Office of William L Spern | William Spern
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probably not. Miranda rights only are required if the cop wants to interrogate you in a custodial setting. If violated the remedy is not dismissal but the DA cannot use your statement, unless you testify differentlly, in trial.
    Answer Applies to: California
    Replied: 8/24/2012
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Probably not. There is no legal requirement to read you you Miranda rights unless there is a custodial interrogation - you are questioned by the police while in custody. I know on TV they always give Miranda rights but that's TV. If you were not questioned or did not say anything then the Miranda rights don't come in to play. Also there is no legal requirement that you sign anything for a lawful arrest.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Perhaps but only if statements that you made to the police are necessary to convict you. The police are NOT required to read anyone their Miranda rights. The police only have to do so if they plan on interrogating the person. If the police fail to read the person their rights, the remedy is NEVER dismissal of the case; rather, it is that any statements made in response to the police interrogation cannot be used against that person.
    Answer Applies to: California
    Replied: 8/24/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Many people believe that they must be read miranda rights when arrested or questioned. That is not true. Miranda rights only need be read when two circumstances are present - (1) the person is in custody; and (2) an interrogation occurs. You can be interrogated without being custody and you can be in custody without being interrogated. "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: 8/24/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    The police do not have to read your *Miranda* warnings when they arrest you. The purpose in reading you your rights is to warn you that you don't have to talk to the police if you don?t want to. The idea is that a person under arrest may not feel free to remain silent when he is questioned by the police. So the U.S. Supreme Court has declared that persons in custody must be warned of their rights before being interrogated. The police do not, however, have any duty or reason to duty to read you your rights if they do not intend to interrogate you about the crime.
    Answer Applies to: Missouri
    Replied: 8/24/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    No.
    Answer Applies to: New Hampshire
    Replied: 5/22/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. Your rights do not have to be read unless you give a statement. If you gave a statement, they cannot use it against you under most circumstances. Every state has its own rules, although most are based on Supreme Court decisions.
    Answer Applies to: Alabama
    Replied: 8/24/2012
    Law Offices of Mark A. Berg
    Law Offices of Mark A. Berg | David G Cohen
    Wish it were so, but sadly, no. The Miranda warnings are required as a precondition to the admission of a statement of an in custody defendant being interrogated. SO if you were in custody, being interrogated, and answered questions during that interrogation, the failure to advise you of your right to remain silent and to counsel would lead to the exclusion of the statements and any evidence obtained as a result of the statements. This may lead to dismissal if the evidence obtained in violation of Miranda is critical to the government's case. I recommend you consult with an experienced local criminal defense specialist.
    Answer Applies to: California
    Replied: 8/24/2012
    Attorney Paul Stanko
    Attorney Paul Stanko | Paul Stanko
    The short answer is "No". Failure to give Miranda warnings may result in suppression of evidence obtained in violation of your Miranda rights, but do not require dismissal of charges.
    Answer Applies to: Indiana
    Replied: 8/24/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No - depends on the circumstances - Miranda rights are not required in every case.
    Answer Applies to: New Jersey
    Replied: 8/24/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    No. A Miranda Advisory being read has very little to do with whether or not you can be charged. The advisory only has to be read when you are being interrogated while in custody, and even if there was a violation the remedy is for any statments you made to be suppressed from evidence along with any evidence obtained from the statements. Any other evidence however is not affected and if there is sufficient evidence the charges will stand.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    Salladay Law Office | Lance Salladay
    No Miranda rights need only be read if the police are questioning you after an arrest. If the police question you without providing you with your Miranda rights and you can prove that- then you might be able to get any statements suppressed, but it doesn't mean all charges will be dismissed.
    Answer Applies to: Idaho
    Replied: 8/24/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    No. Miranda rights are only required if the Police interrogate you post arrest. Failure to Mirandize you would result in the possible exclusion of any statements you made to the police during the interrogation.
    Answer Applies to: Maryland
    Replied: 8/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No. The remedy for a Miranda violation is suppression of custodial statements made in response to interrogation.
    Answer Applies to: Washington
    Replied: 8/24/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    No, unless the only evidence they have is your statements to police.
    Answer Applies to: Wyoming
    Replied: 8/24/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It's unlikely. Miranda rights are to be read to people who have been arrested and the police want to question. If they police never question you, they don't have to read you your Miranda rights. Even if they do question you, but do not read you your Miranda rights. all other evidence is admissible against you, just not anything you said during the police questioning. Hire a talented attorney to get the best possible results in your case.
    Answer Applies to: Utah
    Replied: 8/24/2012
    Pietryga Law Office | Russ Pietryga
    No. Miranda Rights and Miranda Warnings are often misunderstood. I hope this will helps. Usually, when a person states, I was not read my rights! they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves.[1] The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used against you in court; (3) You have the right to consult with an attorney and have an attorney present during questioning; and (4) If you cannot afford an attorney, one will be provided to you before questioning at no cost to you.[2] However, many people misunderstand when a peace officer is required to give them Miranda Warnings. A suspect is only accorded Miranda protections during a custodial interrogation. Both elements (i.e., custody and interrogation) must be present before the peace officer is required to give Miranda Warnings. That means peace officers are not required to give Miranda Warnings when they are still in the investigatory stage. For instance, a peace officer is not required to give Miranda Warnings when he asks a person suspected of driving under the influence if they have been drinking or asks them to conduct field sobriety tests. This is because the peace officer is still trying to ascertain whether a crime has been committed (i.e., The Investigatory Stage). That said, in Utah, a person is in custody when an individual?s freedom of action is curtailed to a degree associated with a formal arrest. The inquiry is objective, and a person may understand himself to be in custody based either on physical evidence or on the nature of the peace officer?s instructions and questions. Utah Courts have set out a five-factor test to determine when a person is in custody for the purpose of Miranda protections. They are: (1) the site of the interrogation; (2) whether the investigation focused on the accused; (3) whether the objective indicia of arrest were present; (4) the length and form of the interrogation; and (5) whether the accused came to the place of interrogation freely and willingly. In Utah, after it has been determined that the accused was in custody, the court must decide whether the accused incriminating statement was the product of interrogation. Interrogation is either express questioning by the peace officers or its functional equivalent. And, it incorporates any words or actions on the part of the peace officers that they should have known were reasonably likely to elicit an incriminating response.
    Answer Applies to: Utah
    Replied: 8/24/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    If Miranda rights were not properly issued to you, then possibly statements you made or other evidence would be ordered by a judge to not be admitted at your trial. So, you COULD "get off". You could also lose.
    Answer Applies to: Illinois
    Replied: 8/24/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    Nope. Your rights are only required to be read to you after you are under arrest, before you are questioned about the alleged crime. Even then, if they don't read you your rights, you can get your statements suppressed, but might still be convicted on other evidence.
    Answer Applies to: Georgia
    Replied: 8/24/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Miranda only is require as it relates to statements given while in police custody. You should consult and retain an attorney.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2012
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