Can a case be dismissed if I was not read my Miranda rights?

Question

I was in a situation where I wasn't read my Miranda rights, can the case be dismissed?

William C. Gosnell · Answer

Yes.

Michael J. Breczinski · Answer

It depends on wheter they asked you questions and need your answers in order to convict you.  They do not need to read you your rights if they are not questioning you.

George Derieg · Answer

Miranda protects you from incriminating yourself. When a person is detained, he/she must be read the Miranda rights, so the person understands their rights, and most helpful, so they do not incriminate themselves. The problem with your case is that we don't know what you were arrested for. If the only evidence against you is your incriminating statements, and IF those incriminating statements were made in violation of your Miranda rights, then yes, your case should be dismissed. It's just very rare that the only evidence against a criminal defendant is their own incriminating statements.

Austin Hirschhorn · Answer

If you were being interrogated in the course of a criminal investigation that resulted in charges being filed against you there is a possibility that your statement can be suppressed. You should consult with a criminal lawyer who will go over the facts of your case with you and give you advice as to what should be done.

Clayton Lockhart · Answer

The reading of Miranda warnings (or lack thereof) does not in and of itself require a case to be dismissed.  If the police didn't ask any questions other than general questions to determine your identity (i.e., name, age, date of birth, SSN), then they're not required to read you any Miranda warnings. If you were not in custody when they were asking you questions, and you were free to leave at any time, then they don't have to read any Miranda warnings.  It is only when you are in their custody and they are asking you questions about the crime and your involvement in the crime are they required to give you the Miranda warnings and tell you that anything you say can and will be used against you in a court of law.

Steven Decker · Answer

The reading of your Miranda rights only becomes relevant if the State attempts to use a statement you made in their case.

Arthur Aiken · Answer

Failure to give Miranda warnings makes any subsequent statement inadmissible in evidence during a trial. If the government has no case without the statement, the case is ordinarily dismissed.

Eric Sterkenburg · Answer

A case need not be dismissed because you were not read your rights. The case may move forward if there is evidence against you that is not a result of statements made before you were read your rights.

Gregory Casale · Answer

It is unlikely that that fact alone will be enough to have your charged dismissed. Miranda applies to interrogation more than anything else. I would need to know much more about your case to fairly answer your question.

Francis Cowhig · Answer

It would depend on the situation and the facts involving the entire case. There is not enough information to properly answer this question.  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 you case and advise you of your options.

Dennis Roberts · Answer

No. Miranda only comes in to play if you stupidly made a statement before you  were read your rights (or if they didn't read them at all).  Then you can  suppress the statement/confession, but unless that is the only evidence you are  screwed. Stop watching all those stupid crime and lawyer shows on tv.  That's  where people get this silly idea.

James Osak · Answer

Where were you questioned?  Roadside questioning doesn't require Miranda.  If ARRESTED then you'll be Mirandized.  If Miranda violation(s) then YES the evidence SHOULD be excluded BUT not always. Prosecutor will always agrue that the questioning was legit therefore they can use all the evidence against you.

Jason Overton · Answer

It can be dismissed, but probably won't be.  Failure to read Miranda rights doesn't mean that the whole case is lost; it just means that they MAY not be able to use your responses, if any, to police questions.  That is even debatable, as there have been some opinions that police don't have to read Miranda rights anymore, because everyone is so familiar with them.  The fact that you're asking this question supports that opinion.  Regardless, you should hire an attorney to fight it.  If you don't fight it, you're definitely not going to get anything thrown out, right.

Michael Edwards · Answer

The answer to your question depends on the specific facts of your case.  You need to consult with and/or hire a competent defense attorney, to help you with your case.  Good luck!

Gary Russell · Answer

The Miranda requirement is only applicable if the police wish to question you about the crime or crimes for which you have been arrested.  There is no requirement that the Miranda rights be read to you upon arrest.  Failure to inform a defendant of their Miranda rights would only lead to the exclusion of any testimony or evidence obtained from questionning you. Questionning does not include taking personal information for booking.  And again, if you were not questioned, or you were questioned but not about a crime that you had been arrested for, then there is no 5th Amendment violation.

Ryan Berman · Answer

It depends on the evidence against you. Consult with an attorney regarding the facts and circumstances surrounding your case.

Larry Dunn · Answer

A police officer is not required to read Miranda unless a person is   questioned after being arrested. If a police officer violates a  person's Miranda  rights, a motion to exclude the statements can be filed. A  violation of  Miranda does not automatically result in a case being dismissed.

Paul Stanko · Answer

Whether a person was advised of Miranda rights may affect whether admissions or confessions made by that person can be introduced into evidence at trial, but it has no direct effect upon dismissal of charges. Sometimes suppression of evidence due to constitutional violations will cause a prosecutor to reassess the prosecutorial merit of the case and dismiss charges, but that is discretionary.

Mark R. Thiessen · Answer

Maybe.  But the remedy for no Miranda is suppressing any statements made in interrogation.

Terry Nelson · Answer

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.    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, can you be convicted, and what can you do?  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.

James Schoenberger · Answer

Miranda rights only govern the admissibility of statements made to law enforcement. This is not usually a path to a dismissal unless there is no evidence except a statement made while in custody or under arrest was given without the Miranda warnings.

Steven Alpers · Answer

Possibly, but all that is excluded from the case is your statement if you were interrogated while in custody.  Other evidence is not effected by failure to give you your Miranda rights.

Timothy Klisz · Answer

No. Only statements given after being arrested can be tossed. The case keeps going.

Leonard A. Kaanta · Answer

Yes, your attoney needs to file a motion concerning that.

Jared Altman · Answer

No Miranda: 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.

Anthony Roach · Answer

Miranda warnings are not required to be given prior to arrest.  They are only required to be given prior to custodial interrogation.  Forget what you see on TV and the movies, get yourself an attorney.

Mark Smith · Answer

A statement can be stricken if you were not read your rights and you were   in custody. That does not mean the case will be dismissed.

Stephen Hebert · Answer

It really depends on what evidence the State has against you.  If their sole evidence against you was an alleged statement, you could file a motion to suppress your statement, and, if granted, then you could have the charges against you dismissed.  However, if the State has evidence other than an alleged statements that you made and the State feels that evidence is strong enough to carry their burden, I doubt that the police officer's failure to Mirandize would lead to a dismissal.

Dean Valente · Answer

Only if you made some sort of damaging admission that is key to the prosecutions case.  Often rights aren't read because there is no need to question a defendant. Many more details are need to form a clean answer in any particular case.

Gary Moore · Answer

You can move to suppress the use of any statement given by you at trial.

Russell Pietryga · Answer

Miranda warnings are misunderstood and do not always resolve the case against a defendant.            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.  Hope this helps.

Philip Hache · Answer

It is possible to get damaging statements made to the officers suppressed if your miranda rights were not read.  That does not necessarily mean that the case will be dismissed if they have other damaging evidense against you.  You should speak to an attorney in your area as soon as possible to discuss your case in more detail.

Michael Jones · Answer

Miranda warnings are never required except to validate the admissibilty of custodial statements.  If the statements are critical to the proof of the case, the prosecutor may elect to dismiss the chargs if the statements are first suppressed.  However, the suppression of statements for improper Miranda warnings seldom results in more than a more favorable plea offer.

Emmanuel Eke · Answer

Whether or not you were read your Miranda's rights will usually affect the viability of government's case against you. That, however, may not mean that the whole case will be dismissed.  Discuss details of your case with an attorney.

Leonard Harden · Answer

No.  Miranda rights only go to having statements excluded.  In order for Miranda to apply you must be in custody.

Steven D. Dunnings · Answer

Not unless you were under arrest and confessed.

Brian Wanerman · Answer

Theoretically, yes.  But, it depends on many other factors.  Consult an attorney with the specific facts of your case.

Ronnie Vargas · Answer

Possibly. You would need to speak to an attorney who specializes in criminal matters to obtain advice and information.

Robert De Groot · Answer

Perhaps. Especially if a motion to suppress is filed and it can be proved. Most police reports say that the rights were read to the defendant, whether they were or not. You need an aggressive criminal defense attorney for any criminal charge. It depends upon whether you confessed and whether the confession can be suppressed, and if that is the only evidence linking you to the crime. It can get very complicated. Hire an attorney.

John Bussman · Answer

It's much more complicated than a simple "yes" or "no".  Miranda rights only apply in a very limited situation: if you were subjected to police interrogation while under arrest and you confessed to the crime, your confession will only be admissible against you if you were properly Mirandized.  If you were not read your Miranda rights, then your confession could be ruled inadmissible.    Of course, most criminal cases do not involve confessions.  If the prosecution does not intend to use a confession against you, then Miranda rights are completely irrelevant.  If you confessed without being interrogated by police (you just blurted out a confession), then Miranda rights are also completely irrelevant.

Nathaniel Shafer · Answer

Unlikely. Police need to read you Miranda rights if they plan to interrogate you. If they never ask questions, then Miranda rights are not required. However, cases are sometimes dismissed for other reasons.

Jeffrey Pollock · Answer

You need a lawyer.  Short Answer: Only those statements that you made   while in custody w/o being Mirandized can be suppressed ... which may lead to a   dismissal if there is no other evidence against you.

John Brennan · Answer

Your question cannot be answered without a knowledge of all of the facts.  Dismissal is far from automatic.  You need an attorney NOW and are welcome to call my offices for an appointment.  There will, of course, be a retainer required.

Bernal Ojeda · Answer

Really not enough information to properly respond. But failure to give Miranda warnings in and of itself is not a basis to dismiss.

Matthew Kober · Answer

The short answer is Yes but probably not.  Miranda violations fall under the 4th Amendment and the exclusionary rule.  That means if you are not read your miranda rights then all evidence obtained after the fact is inadmissible (unless they can show they would have inevitably found it anyways without your statement).  So, after excluding the tainted evidence, the question is whether the prosecution has enough evidence to convict you without the tainted evidence.  Also, you would have be able to convince a judge that you were not read your miranda rights. Those motions are hard to win sometimes.

Dennis P. Mikko · Answer

Your Miranda rights only need to be read if the police are going to question you.  If you were questioned without being read your rights, there may be grounds to seek a supression of any evidence gained from the questioning.  You should seek the advise of an attorney that can look at the specific facts of your case.

Mechislav Furman · Answer

The case will not be dismissed, but any incriminating statements could be suppressed as a result of failure to give a Miranda warning.

Harley Gutin · Answer

No. But if you made any statements or admissions without being advised of your Miranda rights you may have the ability to move to suppress the statements (keep them out of any trial).

Bruce Arthur Plesser · Answer

Only if the prosecutor needs the statement to prove case.

Jeff Yeh · Answer

You watch too much TV!

Eric Rothstein · Answer

No. This only affects admissibility of statements.

Stuart Nachbar · Answer

It is possible but you do not say if you were formally charged.  You would   need to seek out advice from a criminal attorney to discuss the matter.

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