No Miranda, Does Your Case Get Dismissed?
The police did not read me my Miranda rights. My case gets dismissed, right? My name is Dale Savage and I’m a criminal defense attorney in Charleston, SC. Today we’re talking about what happens when you are not read your Miranda warnings.
What Are Miranda Warnings?
First and foremost, if police fail to read you your Miranda Warnings it does not mean your case gets dismissed.
What are the Miranda warnings:
- You have the right to remain silent;
- Anything you say can and will be used against you in a court of law
- You have the right to talk with a lawyer and have him present with you while you are being questioned
- If you cannot afford a lawyer, one will be appointed to represent you before questioning, if you wish one.
- If you make a statement or answer questions, you have the right to stop at any time.
Police Don’t Always Need To Give Them
Many people are surprised to learn that there is no automatic legal requirement police read you Miranda warnings and here’s the reason why.
Miranda warnings are a legal requirement when you are under custodial interrogation. That means you are:
- In Custody (not free to leave); and
- Interrogated by police.
Both of these must exist for Miranda warnings to apply.
So, an arrest can occur without Miranda warnings being given and there is no violation. But if you are under arrest or it’s functional equivalent and police decide to interrogate you, then your rights against self-incrimination under the 5th Am. are implicated and Miranda must be given.
What happens when police violate Miranda?
Our courts have said that the legal remedy for Miranda violations is the suppression of the statement following the violation. This strong legal remedy is to deter police from violating your 5th Am. rights and to stop coercive police interrogations. Bit it doesn’t suppress other evidence in the case not connected to the Miranda violation.
So, if there is other evidence such as:
- Direct evidence (witness saw you do it, video of you committing the crime);
- Circumstantial evidence (DNA, fingerprints, blood)
The state can still move forward with their case based on that other evidence.
The best advice I can give you is to remain silent. You cannot talk your way out of being arrested, it’s only going to provide evidence to police to be used against you in the case.
Charleston Criminal Defense Lawyer
If you’d like to discuss your case and it involves a Miranda warning issue call me at (843) 530-7813. I hope this video was helpful and thanks for watching.