What If I Wasn’t Read My Miranda Rights? Will My Charges Be Dismissed?
What Happens If The Police Do Not Read My Miranda Rights In a DUI Case?
You’ve seen it on television shows and movies: When the police make an arrest, they are required to read the suspects their Miranda Rights. But what happens if they don’t? Will your charges be dismissed? The answers vary depending on the case.
Many people believe that if the police don’t read the Miranda rights, the charges will automatically be dismissed. But, it couldn’t be further from the truth. A missed or delayed Miranda warning can still lead to criminal charges in a court of law.
In this blog, you will know what exactly happens when the police do not read your Miranda rights. This way, you will have basic information to work your case with a Gilbert DUI law office.
What Is The Meaning Of “Miranda Rights”?
The Miranda warning is a process where the police officer lets you know some facts after your arrest and before questioning you. It comes from the U.S. Supreme Court’s Miranda v. Arizona decision (hence its name).
Any police officer that’s going to interrogate you must let you know that:
- You have the right to remain silent.
- Anything you say can be used against you in a court of law.
- You have the right to have a lawyer during questioning.
- If you cannot afford a lawyer, one will be appointed for you.
The police must give a Miranda warning before they question someone after an arrest. However, in some cases, it may not be necessary.
When Is It Required?
A police officer must read your Miranda rights before custodial interrogation. In other words, they can give you the Miranda warning if these two circumstances happen simultaneously:
- You are under arrest, which translates to being not free to leave based on the totality of the circumstances. Courts can look at many factors in making this determination, including the location of the questioning, the statements made during the questioning, etc. Mesa DUI lawyers may be able to argue that you were “in custody” before being arrested depending on your case.
- The police are questioning you and their questions likely elicit an incriminating response. Most of the time, the police ask questions only to gather the information that they can use as evidence against you, but the government may argue that some of these questions do not have that purpose.
Police usually have to read Miranda rights at a roadside DUI investigation only if:
- The driver has been placed under arrest.
- The officer is questioning the driver (specifically with incriminating questions).
Therefore, keep in mind that in a DUI case, they do not have to give you a Miranda warning if they are still conducting a DUI investigation. Or if they have arrested you but have not yet begun the interrogation.
What You Should Know About Arrest Questioning
- During Pre-Arrest Interrogation: If you haven’t been arrested, you don’t have to answer police questions (you don’t have to do it even if you’re under arrest). However, in some cases, you might have to offer information like identification (especially during DUI cases).
- During Post-Arrest Interrogation: The usual advice of DUI defense attorneys in Phoenix is to remain silent when being questioned after an arrest, or at least until you talk to a lawyer. Suspects usually give information that can later be used as evidence of their guilt.
What Happens When There’s a Failure To Provide Miranda Warning?
So, what happens if you don’t receive the Miranda warning during an arrest? The charges won’t be dismissed, but any statements you gave may be suppressed. Therefore, the statements cannot be used as evidence against you. This is helpful only if you made an incriminating statement first.
Just keep in mind that the government will probably have enough additional evidence to keep prosecuting the case. Even if your statements are suppressed, the authorities can still use them to impeach you if you decide to testify and your testimony is inconsistent with the suppressed statements.
Talk To a Top-Rated DUI Law Office In Mesa
As you can see, the information about your Miranda rights is complex. An article is not enough to address all its pros and cons. If you’ve been arrested, you should consult with My AZ Lawyers to receive more details of the law. Besides, with My AZ Lawyers, you can also receive a top-rated service to get a reliable defense in court. Contact us now by phone or email to get started.
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