I was not read my Miranda rights. Can I get my case dismissed?

Being read your Miranda rights, or right to remain silent, is implicated at the time you are “under arrest.” There often is much confusion as to what “under arrest” means.

You are under arrest at the time you are in custody and a reasonable person would not feel free to leave. At the point you are under arrest, the officer must read you your Miranda rights, or right to remain silent, before questioning you. The failure of an officer to read you your Miranda rights might be a violation of the Constitution. However, the officer’s violation of your Miranda rights does not mean your case, necessarily, will be dismissed.

If a judge determines your right to remain silent was violated, the judge will suppress (or exclude and thus not allow the jury to hear) your statements after the violation (and in some instances possibly more statements). Notice that this is not the same thing as a case being dismissed. In some cases, even without statements, the prosecutor may decide to proceed with the case. Thus, a violation of your Miranda rights, or right to remain silent, does not necessarily mean the case will be dismissed. Your statements might be excluded, or suppressed, but that doesn’t automatically end the case.

The important thing to remember here is, whether an officer reads you your Miranda rights, or whether you’re even under arrest at all, very little good usually comes from talking to the police. It is best to remember, you have a right not to talk to the police and not to implicate yourself in a crime and avoiding either one should be avoided. Thus, the best advice…no good comes from talking to the police and the best response is, “I want to speak with my lawyer.”

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
7 Comments
I was pulled over for running a red light but then got charged for driving with no license but was never read my rights
by Haidyn November 22, 2019 at 12:35 AM
Take a look at it and see how much it is in the police report. The Miranda check mark is regularly falsely checked. I live in Sacramento county, CA, and I have only been read the stanza referring to Miranda v Arizona once. I have been arrested five separate times, although not for serious violations, but I still wanted to be assured of the fact that these rights were inalienable. Why do they get to pick and choose what they say when arresting you?
by Beverly M Burns October 10, 2019 at 07:29 AM
by Beverly M Burns October 10, 2019 at 07:19 AM
I was a passenger in a car that was pulled over for no tags. What are my rights in this case.
by David October 8, 2019 at 06:22 PM
I was not read my miranda rights .Arrested on a D U I.0.08
by Verlinda Bernardi September 30, 2019 at 03:10 PM
I was arrested for a misdemeanor charge while on misdemeanor probation I was never read any type of my constitution rights
by William j traylor Traylor September 23, 2019 at 08:10 AM
I was stopped for no insurance and prohibited driving the cop never read me my rights ....altho when I got to work he phoned and read them to me or somone who sounds like me ...do I stand a chance at being thrown out?
by Brad bourque September 17, 2019 at 12:45 PM
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