Would not being read my rights help my case in court? 61 Answers as of June 26, 2013

I was charged with possession with intent. I was interrogated for an hour and I never had my rights read to me. I was wondering if that would help my case.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If you cannot afford an attorney, the court may appoint you one at the public's expense. "Rights" refer to Miranda rights, or a person's right to council and right to remain silent if the police wish to question and interrogate them while they are in custody. This is a big issue when someone allegedly makes incriminating statements during an interrogation. If the procedures were not followed properly, there may be grounds to file a suppression motion. However, it depends on the circumstances.
Answer Applies to: Michigan
Replied: 10/5/2011
Fitzpatrick, Mariano, & Santos, PC
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
The police must read your rights if you are in custody and are interrogated for a criminal offense. Without reviewing the police report I cannot determine if this would help your case. An experienced criminal attorney will assist in obtaining the best outcome possible.
Answer Applies to: Connecticut
Replied: 9/19/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
If the authorities intend to use any statements that you made while in custody then they should have given you your rights and obtained a waiver of those rights. But, they may already have enough evidence other than your statements to have you convicted and sentenced. In any event, you need to hire the best attorney you can afford.
Answer Applies to: Missouri
Replied: 9/15/2011
Law Office of Ernest T. Biando, LLC | Ernest Biando
Depends-Miranda rights are only when you are in custody-so if you were not in custody then not likely.
Answer Applies to: Massachusetts
Replied: 6/25/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Possibly. Police are required to read you Miranda rights if you are in their custody and they wish to elicit potentially incriminating statements from you. A violation could result in any confessions or incriminating statements you made being suppressed or any physical evidence that was obtained as a result of the violation being suppressed as well. However, a Miranda violation will never affect the validity of the arrest itself. Retain an experienced criminal attorney or at least have one review the police report for any Miranda or other violations that could help your case.
Answer Applies to: Michigan
Replied: 9/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you were not given your Miranda rights it may make your confession inadmissible. It may or may not have an impact on the case depending on the other facts relating to your arrest.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry It may help to keep out any admissions during an in custody interrogation. Otherwise, it may not help at all You should have your case facts reviewed by the attorney you hire. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Probably this factor will not help you in court. The only way it can benefit you is if you gave a confession wherein you admitted your participation in the alleged crime. Your attorney can file a motion to suppress your statement, and if successful, your statement will be excluded from being used in court. If the prosecution has enough evidence to convict you, independent of the confession, you will still be found guilty.
    Answer Applies to: Illinois
    Replied: 9/13/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    If you were not read your rights and they (the DA) wants to repeat something you said during interrogation, the fact you were not read your rights is huge. If you never gave any viable information to the police during interrogation, then the fact you were not read your rights in not very significant.
    Answer Applies to: Texas
    Replied: 9/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Every criminal case is fact driven. As to whether not being read your rights has any effect on your case depends on certain facts. You need to contact an attorney for a consultation to find out what your options are.
    Answer Applies to: California
    Replied: 9/13/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If you gave any information that incriminated you then yes.
    Answer Applies to: Alabama
    Replied: 6/25/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police must read you the Miranda Warnings if you are in custody and being interrogated. If they do not read you your rights and admit it at the Huntley hearing the statements may be suppressed and will not be available as evidence at the trial unless you take the stand and deny that you are guilty or deny that you made the confession. People who are under arrest are scared and usually ignorant of their rights, They are easily manipulated by the police and prosecutors into making statements that are inculpatory or confessions. This makes it harder for your attorney to plea bargain sine now the prosecutor is sure he will prevail at trial. You should never talk to the police or prosecutor and if you ask for an attorney and for the interrogation to stop the authorities are under an obligation to stop the questioning. Less than ten percent of criminals are smart enough to remain silent. Fish only get caught when they open their mouth.
    Answer Applies to: New York
    Replied: 9/13/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Yes, if you can prove it.
    Answer Applies to: Texas
    Replied: 6/25/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Did you confess to the crime? Were you under arrest during the interrogation?
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    It would only help if you made a statement in keeping that statement from being used against you in court.
    Answer Applies to: New York
    Replied: 9/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The failure to read you your rights could allow for a motion to quash the evidence they received during the interrogation and anything obtained from that evidence. You need to speak with an attorney about this.
    Answer Applies to: Michigan
    Replied: 9/13/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    It could if you made inculpatory statements while being questioned in custody. The result of the failure to read you your rights is that your statements would be suppressed.
    Answer Applies to: Texas
    Replied: 9/13/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    If you were in custody and not read Miranda, the remedy is to suppress your statements. The State can go forward with any other evidence they have.
    Answer Applies to: New Hampshire
    Replied: 9/13/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Dear Sir/Madam - the Miranda rights will only help you if you made a confession or incriminated yourself in anyway during the interrogation. If you did, then those statements could potentially be suppressed. That may or may not help you. For example, if you sold to an undercover cop, the fact that you later incriminate yourself probably will not matter. The Miranda rights are used to primarily to suppress statements made that are self-incriminating. Hope that helps you but it sounds like you should probably seek out an attorney. Good Luck
    Answer Applies to: Florida
    Replied: 9/13/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    NO. Miranda rights are only useful if they were not read AND YOU MADE A STATEMENT.Then you can keep the statement out. Otherwise it is worthless.
    Answer Applies to: California
    Replied: 9/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Depends on whether during the interrogation you asked for a lawyer or were placed under arrest. Involuntary statements obtained from you in violation of your Miranda rights cannot be used against you. 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: 9/13/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Maybe. Were you free to go? What did you say? Were you promised anything these are all relevant questions. If you were in custody then maybe your attorney can get the statements suppressed. You need an attorney.
    Answer Applies to: Michigan
    Replied: 9/13/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If you were in custody, and not read your Miranda Advisory, then any statements you made and any evidence obtained as a result of those statements would not be admissable in court.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    It certainly would, but only if you made statements of an incriminatory manner. Those statements may end up getting knocked out of court if Miranada warnings were not properly issued, thus weakening the prosecution's case.
    Answer Applies to: New York
    Replied: 9/13/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Police are required to read you your Miranda rights prior to interrogation when you are in police custody. The failure to read you your Miranda rights prior to a custodial interrogation could help your case. An experienced criminal defense attorney would need to file a motion to suppress or prevent the use of your confession against you at trial. If the defense motion is granted by the trial court, the prosecution's case against you could be significantly weakened.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    The State must show when they are going to introduce a post-arrest statement that your Miranda Rights were given and then waived by the defendant who was in custody. If they are not introducing any statements then their failure to advise is not relevant.
    Answer Applies to: Illinois
    Replied: 9/13/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Possibly. You need to hire an attorney. If your Miranda rights were not read to you before interrogation, the State may not be able to use your responses to interrogation against you.
    Answer Applies to: Alabama
    Replied: 9/13/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    This is situation where the police officer's failure to give a Miranda may be helpful to the defendant. 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. Not in custody= no Warning. Ifyou were held in custody and questioned for an hour withoutbeing given aMirandawarning, your in-custody statements may not be admissible as evidence. However, if there is enough evidence to convict you without the statement, you can still be prosecuted and sent to jail.
    Answer Applies to: Georgia
    Replied: 9/13/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It could. If you can establish that you did not waive your Miranda rights then the answers you gave in response to their questions cannot be admitted in the prosecution's case in chief. That means that if you take the stand and testify to something different than what the officer claims you said, then the officer's version of your statement can come in. A criminal defense attorney can fully explain the use of Miranda defective statements.
    Answer Applies to: California
    Replied: 9/12/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    If the facts are as you say, you have a chance to have any statements you made excluded from trial unless you testify. Were you in custody? (in cuffs, in jail) Miranda rights are to protect people in custody from the pressures associated with interrogation.
    Answer Applies to: Colorado
    Replied: 9/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    An interrogation coupled with a person who is in custody, as in not free to leave, requires that the Miranda rights be advised and a valid waiver of those rights be secured before the statements made or answers to the questions can be used as evidence in a court action. You should carefully explore this interrogation with your attorney who should challenge the evidentiary value of the interrogation by filing a motion to suppress the evidence if the proper waiver was not given.
    Answer Applies to: Kansas
    Replied: 9/12/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    This depends on whether you made any admissions to the offense. If you are in custody and interrogated regarding the crime you are charged with, any admissions are subject to suppression if you were not given your Miranda warnings. If a violation is proven, the admissions may not be admitted at trial. In some instances, the prosecution may not need any admissions to prosecute the case.
    Answer Applies to: Illinois
    Replied: 9/12/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Not having your rights read to you may or may not be an issue. More information would be needed in order to determine that. That said, it seems like you know your rights if you're now questioning the fact that they weren't read.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    That depends on what you told the officers questioning you. If you made incriminating statements as a product of being questioned and you were in custody at the time, the judge should not allow the prosecutor to use those statements against you in their case-in-chief.
    Answer Applies to: New York
    Replied: 9/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Your question turns on a couple of issues. The Miranda case only addresses "in custody" "interrogations." In other words if you are free to leave, you are not in custody. And if you are just talking and not being questioned, you are not being interrogated. The remedy for violating Miranda is suppression of all statements you may have made in response to custodial interrogation. If they can make the case without some or all of your statements, the prosecutor will make no allowance for the failure to read your rights. If it goes to trial, you have to be super careful if you testify not to contradict what you said during the interrogation; otherwise, the jury will hear every suppressed statement one way or the other. Consequently, you will have to hire a competent defense attorney and discuss with him or her whether it would be smart for you to testify or remain silent. That's a tactical decision to make with your attorney once the attorney has the discovery and interviews the witnesses.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Absolutely. The government must read you your rights if you are in custody - which means you are not free to leave- and you are being interrogated. Failure to read Miranda may result in a dismissal of charges.
    Answer Applies to: California
    Replied: 9/12/2011
    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: 9/12/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    They only need to Mirandize you if they interrogate you. So, in your case, any admission or results of formal interrogation should be suppressed. That would probably help tremendously.
    Answer Applies to: Texas
    Replied: 9/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Depends on the facts. If you were 1) arrested or otherwise controlled by the police so a reasonable person wouldn't have felt free to leave, and 2) interrogated, and 3) gave incriminating answers, and 4) the judge believes 1-3, then your answers probably can't be used against you. But it's messy, so you should talk to a lawyer about it.
    Answer Applies to: Oregon
    Replied: 9/12/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    If your "miranda rights" were violated, then it would be helfpul to your defense if you were able to suppress the evidence that was uncovered as a result of the interrogation. Evidence can include damaging statements. From the limited facts provided, it appears there are grounds to consider the issue of miranda rights in your case. Miranda rights protect the right to remain silent and the right to counsel; and typically are triggered when police engage in an in-custody interrogation. Whether or not you invoked your right to remain silent or to counsel will be a factor in whether or not you will prevail on this issue, among other factors.
    Answer Applies to: Nevada
    Replied: 9/12/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It depends upon whether you gave the police a statement or not. If you did, then it would help. If not, then no. You have a serious charge against you. You need to hire an attorney as soon as possible to protect your rights.
    Answer Applies to: New York
    Replied: 9/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it could. If you were not read your Miranda rights prior to the interrogation, then the entire statement you made should not be admissible. But remember that Miranda only kicks in "after" arrest. So if you were not arrested yet, and it was just a consensual discussion, then Miranda would not apply. Cops are very skilled in talking to you as much as possible "prior" to the actual arrest.
    Answer Applies to: California
    Replied: 9/12/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    A competent law firm such as ours would know how to evaluate your case for a suppression motion if you were not read your rights.
    Answer Applies to: New York
    Replied: 9/12/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Based upon the information you provided, it appears that the lack of Miranda warnings may allow any questioning to be suppressed.
    Answer Applies to: Nebraska
    Replied: 9/12/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Perhaps, did you say anything incriminating during that hour? If not, then it can be brought up as a point of police misconduct but if you didn't say anything then it may be a case of "no harm, no foul." If you did say something incriminating then your attorney can opt to file a motion to suppress your statement (which can be an oral statement and is not necessarily written). Hire an experienced criminal defense attorney and tell them, in detail, EVERYTHING that happened and was said. I tell my client to write everything down like a journal entry so it will be fresh in your mind.
    Answer Applies to: Pennsylvania
    Replied: 9/12/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The police must read you Miranda rights before questionning if you are in custody. Any statements you made would be suppressed.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The big question here is where you were interrogated. If you were in your own house, for example, they do not need to read your rights to you. You still have the right to remain silent, they just don't have to inform you of those rights unless you are in custody.
    Answer Applies to: California
    Replied: 9/12/2011
    Tim Paynter, Attorney at Law
    Tim Paynter, Attorney at Law | Tim Paynter
    Where and under what conditions you were questioned makes all of the difference between being able to exclude statements and not exclude them. If the case has been made against you no matter your statements, then the lack of the reading of the miranda rights will do no good. If you have made incriminating statements In most states, where you speak to the police voluntarily and are not "in custody", the police are under no obligation to advise you of your right to remain silent. We often see this transpire where a person is under investigation and wants to cooperate with the investigating officer. Unless the officer places you in custody, everything you say will be used against you and there is no obligation to advise you of the fact. When asked for your cooperation in today's repressive climate, the stock response should be, "I am happy to cooperate but I want to talk with my lawyer first." Where the police department orders you to appear and tell all, you should not consider the order as placing you into custody. Until you have been placed under arrest the police will consider you fair game. Call your attorney and then take his advice. In short, if you tried to talk your way out of a situation no matter if you are innocent or guilty, you probably talked your way into helping the state convict you. There are plenty of innocent people in jail. Use your right to remain silent. Consult legal advice whenever you are being questioned about a matter that could deprive you of your liberty.
    Answer Applies to: Colorado
    Replied: 9/12/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If you were in custody when interrogated, that may permit a court to order your statement to be kept out of evidence.
    Answer Applies to: Colorado
    Replied: 9/12/2011
    Anderson Walsh PLLC
    Anderson Walsh PLLC | STACI LYNN ANDERSON
    If you made statements against yourself, you were in a custodial environment, and you were not read your Miranda rights, your statements may be suppressible. The police only have to read you your rights when your freedom of movement or freedom to leave are restricted by police conduct. And suppressing your statements will only help your case if you said something incriminating.
    Answer Applies to: Idaho
    Replied: 9/20/2012
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    The length of interrogation is one factor that a judge uses to decide if an interrogation was voluntary.
    Answer Applies to: Illinois
    Replied: 9/12/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    It might. The answer depends on whether you were, in fact, "in custody" for purposes of the Miranda requirement. This generally means that a reasonable person would not feel free to leave. You need not have been actually placed in handcuffs or physically restrained in an interrogation room for the court to find that it was a "custodial" interrogation, thereby triggering the Miranda requirements. Under Massachusetts case law, the court is to apply a list of factors to make its determination as to whether you were in custody and thus Miranda warnings should have been given before the police interrogated you. You should retain an experienced, qualified criminal defense attorney who will know how best to present a motion to suppress your statements, assuming it is in your interests to do so. There may be additional grounds as well for other motions to suppress evidence. Only a qualified defense attorney will know how best to defend your rights in this regard.
    Answer Applies to: Massachusetts
    Replied: 9/12/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    It could depending on the circumstances and evidence.
    Answer Applies to: Michigan
    Replied: 6/25/2013
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    If you were in custody and interrogated without first having been read your Miranda rights, then a qualified criminal defense attorney may be able to get an order preventing the prosecutor from using information and evidence against you because it was obtained illegally. This information is general and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.
    Answer Applies to: California
    Replied: 9/12/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Not being read your Miranda rights is a basis for suppressing, not allowing the use of, your statements in the state's case. I believe that would be considerable help to your case.
    Answer Applies to: New Jersey
    Replied: 9/12/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If you were in custody at the time of the interrogation, the police legally should have read your rights. Failure to read your rights could lead to your statement being inadmissible, but does not mean the charges are dismissed.
    Answer Applies to: Georgia
    Replied: 9/12/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Absolutely... at least potentially. If you were "in custody" (formally arrested or the functional equivalent) and being interrogated, you must be read your Miranda rights or any resulting statement (and potentially any evidence derived from that interrogation) is subject to being suppressed. If they are relying on your statement to prove intent to sell, then you could have a decent shot at beating the sales charge. Of course, if they have other evidence independent from your statement, they can still proceed. Discuss all this in person with your attorney.
    Answer Applies to: California
    Replied: 9/12/2011
    D'Andrea Law | Kathy D'Andrea
    This fact would help your case. You must have your Miranda rights read to you before you are interrogated. I would recommend contacting an attorney regarding this matter immediately.
    Answer Applies to: California
    Replied: 9/12/2011
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