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
Connect with me
Licensed to practice law in all State & Federal Courts in Oregon.
Join The Conversation
Brad bourque 09/17/2019 12:45 PM
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?
Post A Reply
William j traylor Traylor 09/23/2019 08:10 AM
I was arrested for a misdemeanor charge while on misdemeanor probation I was never read any type of my constitution rights
Post A Reply
Verlinda Bernardi 09/30/2019 03:10 PM
I was not read my miranda rights .Arrested on a D U I.0.08
Post A Reply
David 10/08/2019 06:22 PM
I was a passenger in a car that was pulled over for no tags. What are my rights in this case.
Post A Reply
Beverly M Burns 10/10/2019 07:29 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?
Post A Reply
Haidyn 11/22/2019 12:35 AM
I was pulled over for running a red light but then got charged for driving with no license but was never read my rights
Post A Reply
Tammy (tameko) newell 01/22/2020 09:34 AM
I was arrested at my house on private property for public profanity and failure to comply (we did not call the police) I wasn’t read my rights was they wrong for coming in private property isn’t that against the law
Post A Reply
Robert Crow 01/22/2020 11:37 AM
Tammy, not being read Miranda does not, in of itself, get a case dismissed. The remedy for a Miranda violation typically is suppressing, or keeping out of evidence, statements that were made after the Miranda violation. As far as coming on your property, generally police need a warrant to enter private property. That said, there are exceptions to that requirement. For example, "community caretaking" allows police to enter property if it is to make sure someone is safe, even if it is on private property without a warrant.
Post A Reply
Toy wiliams 02/14/2020 01:14 PM
I was pulled over for having an improper tag and never read my rights.my car is insured but I can't seem to pass emissions.hekp me somebody.
Post A Reply
George A Corbridge 09/03/2020 03:53 AM
Thanks for your information
Post A Reply
Mike Larson 09/03/2020 05:57 AM
I was pulled over for driver having a revoked driver's license. But that person was not me. The officer said he smelled marijuana and insisted on searching my car. He found very little weed but found some pills in a back pack that was left in my car. I was never read my rights . And was placed under arrest with 5th degree pose. Will this hold up in court.
Post A Reply
Jay 10/18/2020 10:07 PM
I was pulled over because the officer'knew I didn't have a license" they searched the car which was not mine.and found spice and meth
Post A Reply
Elaina J Bailey 01/15/2022 10:22 PM
My son was arrested and the arresting officer asked him if he wanted to talk about it. At this point should my son been read his Miranda rights?
Post A Reply
Post A Comment