I wasn’t read my Miranda rights. Will my case be dismissed?

A common misconception about Miranda Rights is that if they are not read, then
a criminal case can simply be dismissed. This is a popular, but wrong belief. It's first
important to consider what Miranda Rights are and their importance in the legal
process.
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Miranda Rights were established in 1966 as a result of the case Arizona v.
Miranda. Ernesto Miranda was arrested but was not informed of his critical rights to
remain silent during questioning or the right to seek counsel. The United States
Supreme Court overturned his conviction that was based on a confession given upon
his rights being violated.

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What are known as your Miranda Rights come from the 5 th Amendment of the
United States Constitution. These rights are essential to provide safety to civilians as
they allow people to avoid self-incrimination and seek legal aid. They also provide a
safeguard on the other side of the justice system as they are monumental in avoiding
inadmissible evidence.

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So, why can’t every case simply be dismissed if they weren't read? This is
because they are to be read under certain conditions. If the suspect is in police custody
and if the police are actively interrogating them, then the rights must be read. If you are
arrested but are never questioned, there is no need for the police to read you your
rights. 

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However, if officers violate your Miranda rights, any statements you make to
police must be suppressed. You need an experienced lawyer at your side to help
identify when your Miranda rights have been violated. You do not need to be handcuffed
for officers to read you your Miranda rights. If your statements are suppressed, it can
often change the strength of evidence the prosecution has against you, demonstrate
police misconduct, and can lead to your case being dismissed or getting a much better
outcome.

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I have argued Miranda motions more times than I count and have had judges
agree with me that my client’s rights were violated and that their statements cannot be
introduced as evidence because of police misconduct.

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