What are Miranda Rights? Will My Case Be Dismissed If Miranda Isn't Read?

You need to understand Miranda and when it is required in order to know how it will have an impact on your case.

Miranda Warnings

Miranda v Arizona was a United States Supreme Court case where the Court ruled that statements made by a suspect to police while in custody were only admissible at trial if the suspect was made aware of his / her legal rights.

What are Miranda Rights

Miranda’s job is to let the person being interrogated by police know that they have the right under the Fifth Amendment of the Constitution NOT to incriminate themselves and that they have the right to a lawyer during questioning.

If you are taken into police custody for questioning, which could include being in the back of a cop car or at the police station, the police must read to you the Miranda warnings before they question you. If the police question you while you are in custody and without reading you your rights then any statement you make cannot be used against you at trial.

For example, if you were arrested for stealing, and the evidence is that an item went missing and an admission that you made to police during questioning without being Mirandized then the admission is not admissible, and the jury or judge will not be made aware of it at trial.

If you volunteer information without being questioned Miranda is not required because you are not being interrogated and the statement will be admissible. For example, if a bag of weed is found under the seat of a car with several passengers and one of the passengers says, “I’m sorry” or “oh crap” that statement will be admissible even though Miranda wasn’t given.

Will My Case Be Dismissed If Miranda Isn’t Read?

If the police and prosecutor cannot directly tie you to the evidence, and the only good evidence they have is an inadmissible statement they may dismiss the case. However, if the police believe they have good evidence even though the statement you made will not be admissible because they violated Miranda they may go forward with the case. So, take the theft example above, if the stolen item was recovered with your finger prints on it you will likely still be prosecuted even if it is determined later that the statement isn’t admissible.  

One of the most common questions we are asked is, will a drinking and driving case be dismissed if Miranda wasn’t read? The majority of the time the answer to this question is, No. The police usually will have blood, breath, or video evidence that they can proceed on. It is actually somewhat rare that a person is given Miranda during a DUI.

Aaron J. Boria is an attorney located in Plymouth, Michigan. He has handled hundreds of criminal cases with great results. If you are charged with a crime you can be assured that Aaron J. Boria will fight for you. Contact us today for a free consultation (734) 453-7806.