THE COPS DIDN’T READ ME MY RIGHTS!
- This is the question I get asked most as a criminal defense attorney.
- The police did not read me my rights, does that mean my case will be dismissed?
Did the police have to read me my rights?
Miranda rights only deal with your statements. You have a 5th Amendment right under the United States Constitution to remain silent and not be a witness against yourself. What does this mean? It means you DO NOT have to talk to the police or answer their questions. You have the right to speak to an attorney during questioning. If the police are looking to question you, call an experienced criminal defense attorney first!
It might be used against you in court one day!” – Tom Gabel, 2008
Police officers only have to read you your Miranda rights if you are subject to custodial interrogation. “Custodial interrogation” means being questioning initiated by law enforcement officers after a person has been taken into custody or deprived of his freedom of action in any significant way. A person is in “custody” if a reasonable person placed in the same position would believe that his freedom was curtailed to a degree associated with actually being under arrest.
What does that mean without the criminal defense lawyer mumbo jumbo? The police only have to read you your rights if you are in custody. Whether or not you are in custody is a decision the judge makes when I file a Motion to Suppress Your Statements asking the court to throw them out of court because the police violated your Miranda rights. If the court decides that you were in custody and the police did not read you your Miranda rights, your statements will be thrown out of court and the prosecutor can not use them against you.
- If my statements are thrown out of court does this mean my charges will be dismissed and thrown out too? It depends.
If your statements are the only evidence against you to prove the crime you are charged with and they are thrown out, the case will be dismissed. However, if there is other evidence against you besides your statements, the charges will not be dismissed, but the prosecutor can not use your statements against you at your trial.
What does that mean without the criminal defense lawyer mumbo jumbo? Let’s say that your are charged with murder. The only evidence the police have that you committed the crime is that you admitted and confessed to the police you killed the person. If you were in custody and the police did not read you your Miranda rights, your confession will be thrown out and the case would be dismissed.
However, if the prosecutor has 3 witness that will testify that they saw you shoot the victim, your confession can not be admitted into evidence at your trial, but the other 3 witnesses can testify that they saw you shoot the victim and the charges would not be automatically dismissed.
Please call for more information regarding your Miranda rights and how it may effect your case. My superior criminal defense experience in dealing with the courts and prosecutors allows me to answer your questions, help you with your arrest, and protect your rights in court. Do not leave the outcome to this serious charge to chance, get me to stand up for you and fight for you in court!
PROTECT YOUR RIGHTS…CALL AND SET YOUR FREE CONSULTATION WITH AN EXPERIENCED LAKELAND/TAMPA CRIMINAL DEFENE ATTORNEY IMMEDIATELY
Lakeland, FL (863) 688-4606
Tampa, FL (813) 789-6404
A few important things can happen if your Miranda rights were not given and they were supposed to have been provided. First of all, any confessions or statements that you made in connection with that can be deemed inadmissible in court. Additionally, under the fruit of the poisonous tree doctrine, evidence associated with details that the police collected before you were given your rights could also be deemed inadmissible in court.
The three major Miranda rights are your right to remain silent, your right to an attorney, and your right to a speedy trial. These will be shared with you when the police are interrogating you in connection with a crime. The Miranda rights are pulled from your constitutional rights. Not every instance of talking to the police requirees them to inform you of your rights, but if they did violate these you should share those concerns with your criminal defense lawyer in FL.
More often than not, you will be read your rights when you are handcuffed. This is because you will be informed at this point in time that you’re under arrest. The police have to read you your Miranda rights when you are being interrogated or being arrested for a crime. It’s your right to hear this statement and most officers will make it before arresting you so that anything you say after that point could be used against you in a criminal trial.