Maybe, maybe not. Dismissals don’t happen as much as people think it does when Miranda Rights are not read. The main reason for this is because the recitation of Miranda rights has nothing to do with the validity of the arrest. It also doesn’t have anything to do with if there was probable cause to make an arrest. The fact that the Police Didn’t Read Me My Miranda Rights is helpful to your case sometimes but not as helpful people typically think.
Those who are arrested for a crime are entitled to their Miranda Rights only when they are in custody and being questioned. If you are not in custody, the police do not need to read your Miranda right. If you are free to leave at anything from your interaction with a police officer, you are not in custody. If you make an incriminated statement while you are not in custody, the statement can be used against you and Miranda doesn’t apply. If your incriminating statement was made while you were in custody, your lawyer may be able to file a motion in court to prevent the prosecutor from using that statement in court. Even if the motion is granted, it doesn’t mean your case will be dismissed. If there is enough evidence outside of your statement convince a judge there is probable cause you committed the crime, the case will continue to wind its way through the criminal justice system.
Attorney Shawn James Haff has heard numerous times from people that the police didn’t read me my Miranda Rights and he understands that this fact may help you in your case. Call him today at 616-438-6719 if you have any questions regarding why the police didn’t read me my Miranda Rights.
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