Contrary to popular myth the police do not have to read you your Miranda Rights everytime you are arrested. Another misconception is that if there is a Miranda violation the case against you has to be dismissed. That is never the case. First, the police only have to give you Miranda warnings when you are in police custody (i.e. not free to leave) and they wish to interrogate you or ask you incriminating or potentially incriminating questions. The police often arrest people and do not question them so the Miranda trigger is never fired. Secondly, even if the police did not read you your rights when they should have, it does not mean the case against you is dropped. Miranda warnings are to let people know that they don't have to answer the police questions and incriminate themselves if they choose not to. Thus, a Miranda violation only serves to suppress or keep out statements. Sometimes it can lead to other evidence being kept out if they only way the police gained knowledge of that evidence was through the statement made as a result of a Miranda violation. If enough evidence gets suppressed because of the Miranda violation, then the prosecutor may have to dismiss the case if he is left with an insufficient amount of evidence to meet his burden of proof. That rarely happens however.
Answered on Feb 11th, 2013 at 10:27 PM