Can I get off on all charges if my Miranda right is neither read nor I signed any type of paper work after the arrest?

Question

William Spern · Answer

Yes.

Stephen Richards · Answer

No.

Timothy Klisz · Answer

No. It only matters if you made admissions after arrest.

Mark Smith · Answer

Failure of receiving Miranda while in custody prevents any statement given by you to be excluded from your case, that's it.

Jay Tanenbaum · Answer

An arrest without Miranda warnings is still valid. Any admission or confession would not be admissible if Miranda warning is deemed to be legally required.

Brian Wanerman · Answer

A Miranda violation does not entitle you to automatic dismissal of all charges.  But it might lead to that result.  If your Miranda rights were not provided, any evidence the police found as a direct or indirect result of anything you said can be thrown out.  If the judge is convinced that, without the evidence, the prosecution has no case, he might dismiss the charges.  Consult an attorney with the details of your case in order to preserve your rights.

Francis Cowhig · Answer

Probably not.  All a Miranda violation does is suppress any statements or confessions that you made to the police.  It does not suppress any other evidence that the police have against you.  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 your case and advise you of your options.

Terry Nelson · Answer

Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. 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 questioned, threatened, 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?  A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  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.

Jeffrey Pollock · Answer

Probably not unless the only evidence the police have is from a confession   made while you were in custody but not Mirandized.

Samuel H. Harrison · Answer

No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. 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. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.

Steven Alpers · Answer

Miranda only affects the admisibility of statements.  If no custodial questioning occurred Miranda will not affect your case.

James Osak · Answer

IT's POSSIBLE. RETAIN a criminal attorney ASAP.

Dennis P. Mikko · Answer

Miranda rights are required to be given not because of an arrest but if the police want to question someone regardless of whether an arrest is made.  If the police did not question you, there is no violation.  If they did question you, you may be able to supress any statements made prior to being advised of your rights.

Cale Plamann · Answer

Maybe.  Lack of Miranda Rights being read would trigger a suppression hearing, these are heavily fact dependent so it would be impossible to tell you what your chances are without knowing more.  That said, the only evidence that would be thrown out would be things that you said after your arrest.  If the rest of the evidence against you was enough to convict you, the DA will probably still charge you.

Dennis Roberts · Answer

NO.  When people stop watching these stupid cop/lawyer shows you will learn that  if Miranda is not given the only thing it does is that if you stupidly made an  incriminating statement they can't use it.  But do you really think the cops  will admit to that.

Andrew Kowalkowski · Answer

Miranda rights serve to inform you of your right to remain silent in custodial interrogations.  A failure on the part of the investigating officer to read your Miranda rights may play an important part in your defense and, depending on the charge, could lead to a reduced charge or even dismissal.

Lynn Norton-Ramirez · Answer

No, Miranda only applies to the admission of a statement.

John D Duncan · Answer

It depends.  Miranda rights are in place to protect you from making incriminating statements regarding your case, as well as reminding you of your right to have an attorney.  Anyone can be arrested without a reading of Miranda rights when probable cause exists.  If you make statements to the police during questioning and they never mirandized you, that means that any of those statements could not be used against you.  If your arrest and charge is solely based on statements made while in custody without a miranda warning, yes, you might be able to avoid conviction.  It sounds like you should give an attorney a call to give more specifics on your case.

Gregory Casale · Answer

It is possible, but just lack of signature alone is not definitive. The issue is, we're you actually denied your constitutional rights or not. If you were somehow deprived of important Constitutional rights, then your case may be thrown out/ dismissed. Your lawyer will need all the facts of your arrest, including booking video, if available, rights forms, and the testimony of the arresting and booking officers. Speak to your attorney. If you do not have one, get one!

Robert De Groot · Answer

No. The failure to give Miranda warnings does not mean that the case can be dismissed, or that you can get out of the charges. You need a privately retained attorney to help you with this matter.

Jeff Yeh · Answer

Unlikely. Miranda only has to be read AFTER a person has been arrested, and ONLY if they intend to interrogate that person. Most cops are trained to get everything they need from your mouth BEFORE an arrest takes place, thereby making Miranda irrelevant.

Michael J. Breczinski · Answer

If you were questioned, AFTER ARREST, without Miranda then those statements could be thrown out.  Miranda is only required if they arrest you and then want to question you about the crime or crimes.

James Gandy · Answer

Perhaps but only if statements that you made to the police are necessary to convict you.  The police are NOT required to read anyone their Miranda rights.  The police only have to do so if they plan on interrogating the person. If the police fail to read the person their rights, the remedy is NEVER dismissal of the case; rather, it is that any statements made in response to the police interrogation cannot be used against that person.

Randall England · Answer

The police do not have to read your *Miranda* warnings when they arrest you. The purpose in reading you your rights is to warn you that you don't have to talk to the police if you don?t want to.  The idea is that a person under arrest may not feel free to remain silent when he is questioned by the police. So the U.S. Supreme Court has declared that persons in custody must be warned of their rights before being interrogated.  The police do not, however, have any duty or reason to duty to read you your rights if they do not intend to interrogate you about the crime.

Michael Chastaine · Answer

Probably not. There is no legal requirement to read you you Miranda rights unless there is a custodial interrogation - you are questioned by the police while in custody. I know on TV they always give Miranda rights but that's TV. If you were not questioned or did not say anything then the Miranda rights don't come in to play.   Also there is no legal requirement that you sign anything for a lawful arrest.

David Cohen · Answer

Wish it were so, but sadly, no.  The Miranda warnings are required as a precondition to the admission of a statement of an in custody defendant being interrogated.  SO if you were in custody, being interrogated, and answered questions during that interrogation, the failure to advise you of your right to remain silent and to counsel would lead to the exclusion of the statements and any evidence obtained as a result of the statements.  This may lead to dismissal if the evidence obtained in violation of Miranda is critical to the government's case.  I recommend you consult with an experienced local criminal defense specialist.

Paul Stanko · Answer

The short answer is "No". Failure to give Miranda warnings may result in suppression of evidence obtained in violation of your Miranda rights, but do not require dismissal of charges.

Russell Pietryga · Answer

No.  Miranda Rights and Miranda Warnings are often misunderstood.  I hope this will helps.               Usually, when a person states,  I was not read my rights!  they are referring to their Miranda Warnings/Rights. 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.

Jason P. Kutulakis · Answer

Miranda only is require as it relates to statements given while in police custody. You should consult and retain an attorney.

Nathaniel Shafer · Answer

It's unlikely. Miranda rights are to be read to people who have been arrested and the police want to question. If they police never question you, they don't have to read you your Miranda rights. Even if they do question you, but do not read you your Miranda rights. all other evidence is admissible against you, just not anything you said during the police questioning. Hire a talented attorney to get the best possible results in your case.

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Can I get off on all charges if my Miranda right is neither read nor I signed any type of paper work after the arrest?

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