Is there any way to get my case dismissed if my Miranda rights were violated? 10 Answers as of February 16, 2012

It is certainly possible to get the case dismissed on this basis. First, the court would have to find that your Miranda rights were violated. Next, it would have to agree that the violation warrants suppression of any unmirandized statements and any evidence discovered as a result of those statements. Finally, it would have to find that, without the suppressed evidence, the prosecution lacks sufficient evidence to sustain the charges. In reality, it is very difficult to get a case dismissed solely on Miranda grounds. The Supreme Court has been getting more and more strict with what a person must do to assert Miranda rights. If you "re-initiate" conversation after having asserted your rights, those statements could be considered valid. Under the latest Supreme Court ruling, you must specifically re-assert your Miranda rights each and every time law enforcement asks you questions. If you didn't do that, the court might find that some of your statements are not protected. It all depends on the details. You should consult your attorney right away this issue and get his advice.

A Miranda Violation only affects what you told the police. If they observed you driving and the B.A. was high, the violation won't do you much good.

First problem - you paid good money for an attorney, but they won't take your call? It might be time to get a new lawyer and demand a refund from the first. As to the main question you asked - if there was a Miranda violation, then it may result in a suppression of your statements, but not necessarily invalidate the entire case. If there is enough evidence to proceed without your statements, the case can go forward. Every criminal case is fact specific - you'll need to discuss it with your attorney - either the one you paid if they will talk to you or one you hire that actually takes an interest in their clients.

No. They only have to read you your Miranda rights if you are in custody. In California, you do not have the right to consult with an attorney before choosing between breath or blood tests. Other than that, you still have the right to remain silent. But they do not have to inform you of that right unless you are in custody.

You can try. But suppression of statements is usually not enough to get the case dismissed.

If police believe and have reason to believe, a crime was committed or is being committed by you, they have the right and the obligation to question you about it. However, if you had been placed under arrest and then told the police you did not want to talk and you wanted an attorney, and they keep questioning you in attempt to discover incriminating evidence against you, that is a Miranda violation. Threaten your unavailable attorney with reporting him to the bar association. He will start taking your calls.

It may be possible to get statements made after arrest suppressed if Miranda rights were not read or questions were asked and answered after you told them you wanted an attorney. There may also be a gray line of when the "arrest" actually took place for purposes of Miranda, it can be before they slapped the cuffs on you.

First of all, Miranda does not kick in until "after" someone has been arrested. Prior to arrest it is only consensual contact and you speak at your own peril. Secondly, if they continued to question you after arrest without giving you, Miranda, then what you say (post arrest) can be excluded in court. Howevet, most cops are smart enough to get everything they need from you "prior" to arrest, so what you say after arrest is largely irrelevant. Finally, you need to hire a DUI specialist who will actually represent you personally, not pass the case to somehow else and not answer phone calls.

Miranda rights simply mean that law enforcement have to advise you of your right to remain silent and that if after being advised of such right you volunteer up information it can be used against you. If officers ask you questions in a custodial environment (where you did not feel free to walk away) without such warnings, or ask you questions after unequivocally asking for an attorney before speaking, then any statements you made can be the subject of a motion to suppress. Meaning that the court could determine that those statements could not be used against you in a court of law. Unfortunately, it does not provide dismissal as a remedy.

A Miranda violation won't result in a straight dismissal. But, if argued correctly, it could result in statements and evidence being excluded. That could effect the strength of the DA's case which could lead to a dismissal. If you have an attorney, make sure they know you need to talk to the attorney. Or, demand your money back and find a new one. Are you sure your case has been filed already? The DA has 1 year to file. So, maybe the case hasn't been filed yet.