Will my case be thrown out if the police don’t read me my Miranda rights?

Authored by Wendy Witt, Esq.

Not necessarily.

Miranda rights are required,upon arrest, only if subsequently gatheredstatements are going to be submitted into evidence at trial.

  • If there is enough evidence (other than your non-Mirandized statements), the failure to read you your rights may not be enough to get your case dismissed.
  • However, if the police don't read you your rights, it is highly significant and should be brought to your criminal defense attorney's attention. Sometimes, there is no other available evidence and criminal cases are dismissed.

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