I was arrested but I wasn’t read my rights, my case gets dismissed right?
Miranda warnings are a significant protection of your rights against self incrimination. Prior to an in custody interrogation police will warn you that: You have the right to remain silent, that anything you say can and will be used against you, that you have right to an attorney during questioning and one will be appointed to you if you cannot afford one.
If you’ve read my blog post about protecting your rights, you know that you have the right to remain silent and be free from such police questioning. If you never read my blog post, read it now by clicking here. But what if you’ve been arrested, you answer questions and make incriminating statements to the police but you were not read your Miranda Warnings? I am often asked whether this means that the case to be dismissed. The answer is unfortunately no.
Failure to read you your rights does not result in an automatic dismissal of your case. In some circumstances, the failure to read your rights could result in your statements being suppressed. If the strongest piece of evidence in the state’s case depended on your incriminating statements, then yes the case may be dismissed. But this is not a very common scenario.
The best defense to this situation is to be respectful and tell the officer that you will not make any statements without an attorney present. Do not provide any information related to their investigation if asked, and never give up information the officers never asked for. If you are under investigation for any crime you need to be very careful when speaking with law enforcement. You need to pay very close attention to what they say to you and make sure that you don’t accidentally waive your rights. Be smart, ask for an attorney and keep your mouth shut.
If you are facing any criminal charges in Florida or simply have questions regarding any issues in criminal law, call 954-620-8320 to speak to an experienced criminal defense attorney today. Attorneys are available 24 hours a day 7 days a week for a free consultation.
Never speak to police or go to court without first speaking with a criminal defense attorney.
Remember, even fish would not get caught if they kept their mouth shut.