If I was not read my miranda rights, is an arrest still legal for disorderly conduct? 58 Answers as of August 24, 2012

I was recently arrested for disorderly conduct and was never read my miranda rights. Can this arrest be thrown out? Or is it my word against theirs?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
William L. Welch, III Attorney | William L. Welch, III
Yes, it is legal.
Answer Applies to: Maryland
Replied: 8/24/2012
Larry K. Dunn & Associates | Larry K. Dunn
A violation of Miranda may result in any statements or admissions being excluded or suppressed for use as evidence.

Excluding admissions does not necessarily result in the State being able to prove the case and would not necessarily result in charges being dismissed.
Answer Applies to: Nevada
Replied: 8/24/2012
The Law Office of Lynn Norton-Ramirez
The Law Office of Lynn Norton-Ramirez | Lynn Norton-Ramirez
Miranda only applies to the admission of statements when a defendant is in a custodial setting. You can still be charged. A lawyer needs to review the police report.
Answer Applies to: North Carolina
Replied: 8/24/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Miranda warnings only protect you from statements taken from you illegally. It does not invalidate an arrest if there was other probable cause.
Answer Applies to: California
Replied: 8/24/2012
Law office of Robert D. Scott | Robert Scott
Your rights being read is only relevant if your were questioned and made statements which incriminate you as a result.
Answer Applies to: Maryland
Replied: 8/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, it has nothing to do with the case. Only statements made after arrest without rights being read.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Just because you were not read your rights does not mean that the case can or will be thrown out.? The only matter where failure to read you your rights is if you confessed to the crime, and there was no other evidence available to prosecute you, and this only after your lawyer filed a Motion to suppress your statements.
    Answer Applies to: Illinois
    Replied: 8/24/2012
    Universal Law Group, Inc. | Francis John Cowhig
    A failure to give Miranda will not make your disorderly conduct charge go away. All it does is prevent any statements you made to the police from being used against you, depending on what was said and the circumstances in which it was said.
    Answer Applies to: California
    Replied: 8/24/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There is no such thing as an illegal arrest. Whether you can be successfully charged or convicted is a different question.

    Police don't have to say or explain anything to you, before or after arrest.

    Too much TV cop show 'reality' misinforms the public about the real system. 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. You will be surprised to find how detailed the police report is concerning your observed condition.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Miranda warnings do not have to be given when arrested. They apply only when you are to be interrogated. Failure to provide Miranda warnings can result in any statement you make being supressed.
    Answer Applies to: Alabama
    Replied: 8/24/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not-have to read you the Miranda Warnings unless they interrogate you. Retain a good criminal attorney to get an ACD dismissal.
    Answer Applies to: New York
    Replied: 8/24/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    They only have to read you your rights if they are going to question you. If you were arrested and placed in jail without questioning then there was no Miranda violation.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State must prove the case against you to the judge or jury. Failure to provide "Miranda warnings" could affect the ability of the State to use evidence against you obtained after the arrest.
    Answer Applies to: Illinois
    Replied: 8/24/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Unless you confessed, your lack of being Mirandized is probably irrelevant.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    The judge is not going to dismiss your case because you were not read your Miranda rights. Miranda rights apply when the police are questioning you after they've arrested you.

    If after they arrest you, they never question you, they don't have to read you your Miranda rights.
    Answer Applies to: Utah
    Replied: 8/24/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Probably, as Miranda is about interrogation but speak to your attorney.
    Answer Applies to: Massachusetts
    Replied: 8/24/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The only time the police have to read Miranda rights are:

    a: you are under arrest, and
    b: They want to question you about something where they think you might incriminate yourself.

    Especially matters for which you are under arrest. If they just arrest you and throw you in jail, then they do not have to read Miranda.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It is not necessary to read the Miranda warning for an arrest to be valid.

    It can affect the admissibility of confessions given to the police but does require that you raise the issue in the context of defending the case.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    Steven Alpers | Steven Alpers
    Miranda rights are only important if you were questioned while in custody, then a statement may not be used in court. It has nothing to do with whether you can be charged and convicted.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to matter. Don't have to read you your rights unless they question you.
    Answer Applies to: Nebraska
    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
    Law Office of Gregory Crain | Gregory Crain
    Yes. Legal.
    Answer Applies to: Arkansas
    Replied: 8/24/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. Miranda violations prevent use of testimony at trial.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Anthony Roach | Anthony Allen Roach
    Forget what you see about Miranda rights on movies and TV. Miranda warnings only have to be given prior to custodial interrogation. They do not have to be given prior to arrest.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Unlikely. Miranda only has to be read "after" someone has been arrested, and only if the cop intends on interrogating the suspect. In a disorderly conduct case, all the evidence comes from the cop's observations. He doesn't need a single word from you. So Miranda doesn't even apply.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Contrary to public knowledge, the police do not have to read you our rights unless they interrogate you.
    Answer Applies to: Kansas
    Replied: 8/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you.

    It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
    Answer Applies to: New York
    Replied: 8/24/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Yes, I have answered this question multiple times. The remedy for not reading your rights is not dismissal of the case. It is suppression of your statement to police.
    Answer Applies to: Wyoming
    Replied: 8/24/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes. It was still a legal arrest.
    Answer Applies to: New York
    Replied: 8/24/2012
    Pietryga Law Office | Russ Pietryga
    Miranda Rights are often misunderstood. It will not get this case against you thrown out.
    Answer Applies to: Utah
    Replied: 8/24/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    An arrest cannot ever be thrown out on a Miranda violation. That is TV. It does not work like that in real life.

    In real life, if you are not given your Miranda warnings AND you intentionally or even inadvertently admit to something - the admission cannot be used against you.

    That is the purpose of Miranda warnings, to let you know you have the right to remain silent - too bad many citizens accused do not exercise that right.

    Bottom line, Miranda violations are two stages - 1st, failure to give the warning; 2nd, an attempt to use the accused words against him/her.

    If both stages are met, your attorney can file a motion to prevent the second and if successful, the DA may consider dropping the charges for lack of evidence.

    A Judge NEVER throws a case out because the cops did not warn you to keep your mouth shut.
    Answer Applies to: Texas
    Replied: 8/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You need an attorney.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    No your case will not be throw out. Miranda is only required when you are in police custody and being questioned about the substance of the offense. For Disorderly Conduct one only need observe what you did to convict, they dont need a confession.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Police officers are not required to read anyone Miranda warnings. These are ONLY required when a police officer wants to question someone who is in custody.

    If they don't want to question someone in custody, they do not have to read the Miranda warnings. When the police violate a person's rights by failing to read Miranda warnings, the defendant does not go free; rather, the person's statements cannot be used against them.
    Answer Applies to: California
    Replied: 8/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Failing to read Miranda warnings does not invalidate an arrest.
    Answer Applies to: Florida
    Replied: 8/24/2012
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    If you did not speak to the police/confess then it doesn't matter whether you were given Miranda warnings.
    Answer Applies to: New Jersey
    Replied: 8/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Stop watching cop shows.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You only have to read Miranda Rights if you were questioned after being in custody and those answers are used against you at a trial/hearing.

    If the Officer saw you being disorderly or acted on information and belief from a complaining witness, the arrest will be good.
    Answer Applies to: New Jersey
    Replied: 8/24/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    Without more facts, it's impossible to answer your question.

    But, arrests don't get "thrown out" because they were illegal.

    If charges are brought against you, any evidence gathered as the result of an illegal arrest can be thrown out.

    The court may also be convinced to dismiss the charges either because, without the evidence, the prosecution has no case or because the arrest was illegal.
    Answer Applies to: California
    Replied: 8/24/2012
    T.K. Byrne | Timothy K. Byrne
    Yes.
    Answer Applies to: Mississippi
    Replied: 8/24/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    When you are arrested for any criminal offense, the police do not have to read your Miranda rights to you just because you were arrested.

    The police only have to read your Miranda rights to you when you are subject to custodial interrogation.

    Therefore, your arrest will not be "thrown out" just because the police did not read your Miranda rights to you.
    Answer Applies to: New Hampshire
    Replied: 8/24/2012
    Mary W Craig P.C. | Mary W Craig
    Many people believe that not receiving Miranda warnings makes an arrest invalid, but that is not true.

    The Miranda warnings apply to statements made in custodial interrogation. In other words, if you are arrested, and the police do not give you the Miranda warnings, then the State cannot use anything you say against you when you go to trial. Your arrest is still valid.
    Answer Applies to: Alabama
    Replied: 8/24/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    The arrest is still legal. They have to read you your rights before they can question you.

    If:
    1) they arrested you, and
    2) they didn't read you your rights before
    3) questioning you, then
    4) any statements you make will be thrown out, if
    5) the judge believes you.
    Answer Applies to: Oregon
    Replied: 8/24/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Miranda protects you from things you say after you were placed under arrest.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The remedy for failure to read a suspect his or her rights is not typically dismissal. You will have to contest the charge.
    Answer Applies to: Washington
    Replied: 8/24/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Miranda rights and violations depend upon the consequences after any violation occurs.
    Answer Applies to: Illinois
    Replied: 8/24/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Not being read a Miranda Advisory does not invalidate charges. The advisory only has to be read if a person is being interrogated while in custody, and the remedy if a violation is found is for any statements or any evidence resulting from the statements be suppressed from evidence.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Miranda Rights are if you're questioned.

    If cops SAW you committ a "disorderly" then that point is moot.

    If they questioned you in the jail they should have "mirandized" you . . . but cops sometimes forget . . . and hopefully you didn't CONFESS to the charges.

    If they pursue this charge against you you need to hire an attorney.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The only result in a situation in which the Miranda rights were not read is that if the accused / arrestee made any inculpatory (guilty) statements while in custody and in response to custodial interrogation, those statements can be suppressed, but the case can be prosecuted without the statements.
    Answer Applies to: Texas
    Replied: 8/24/2012
    Baner and Baner
    Baner and Baner | Jonathan Baner
    It's actually rather funny how often this comes up. Because of TV everyone has heard of Miranda Rights, but so few people understand those constitutional rights.

    The REMEDY for violating criminal procedural rules varies on the facts and the particular rules at issue.

    For Miranda warnings it is typically a suppression of custodial statements that are a product of police interrogation.

    No statements - Miranda not matter.

    No statements made in response to interrogation - Miranda not matter.

    We really do not have a hyper-technical judicial system. Good luck.

    Take comfort in the fact that DO (disorderly conduct) is usually considered a very petty crime.
    Answer Applies to: Washington
    Replied: 8/24/2012
    Ascheman & Smith | Landon Ascheman
    The Miranda warning is not required for an arrest. You need to speak to an attorney to discuss your rights and options.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    Miranda only applies to what are called "custodial interrogations." This means that even a flagrant, admitted failure on the part of the police to have read you your Miranda rights does not itself invalidate the arrest or the charges lodged against you.

    Miranda violations instead mean that any statement obtained as a result of such a violation is inadmissible against a defendant at trial if the court concludes that your rights in this area were violated.

    You should retain an experienced, skilled criminal defense attorney to defend your rights, including, if applicable, to prepare and file a motion to suppress evidence obtained in violation of your rights under Miranda.
    Answer Applies to: Massachusetts
    Replied: 8/24/2012
    Gigstad Law Office LLC
    Gigstad Law Office LLC | Robert Gigstad
    Not being read your Miranda Rights is only an issue if they are planning to use something you said against you to prove your guilt. Generally they have enough other evidence that they don't need to use anything you said against you. So the answer to your question is generally, no.
    Answer Applies to: Kansas
    Replied: 8/24/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Two things must exist for Miranda advisement to be required:

    (1) you must be in custody, and

    (2) you must be being interrogated.

    Even if you should have been read Miranda advisement but were not, the remedy is to not allow the use of your own statement against you the other evidence in the case can still be used against you.
    Answer Applies to: Colorado
    Replied: 8/24/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Yes it is.
    Answer Applies to: Texas
    Replied: 8/24/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    If you were not asked any questions while you were in their custody, then the police are not required to read you any Miranda warnings.
    Answer Applies to: Mississippi
    Replied: 8/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I need more details to form an opinion. You are welcome to call my office with details and for an appointment.
    Answer Applies to: Michigan
    Replied: 8/24/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 10 Free Legal QuestionsConnect with a local attorney