Can My Case Be Thrown Out For Failure To Receive A Miranda Warning?
Confusion regarding the Miranda warning exists because of television shows and movies. Many people assume the police must “read them their rights” as soon as the handcuffs are placed on them. Some people believe criminal charges must be dismissed if the police do not read them the Miranda warning. Unfortunately, because some people do not understand their Miranda rights, they incriminate themselves without realizing that they have done so. Before you answer any questions for the police, you need to consult with an Elizabethtown criminal defense attorney.
Are you facing criminal charges? Call our Elizabethtown criminal defense attorney for a free consultation. Call 270-506-4052 now to protect your legal rights!
What are Miranda Rights?
Miranda rights refer to your constitutional right under the Fifth Amendment not to incriminate yourself. The Fifth Amendment to the U.S. Constitution states in part that no person:
“. . . shall be compelled in any criminal case to be a witness against himself. . .”
The U.S. Supreme Court ruled in the case of Miranda v. Arizona that a person’s Fifth Amendment right against self-incrimination extends to any person who is subjected to custodial interrogation by law enforcement officials.
Some of the confusion regarding Miranda warnings stems from what is meant by “custodial” interrogation. Obviously, interrogation is the act of asking questions; however, what does “custodial” mean?
Are You In Custody?
You are in custody for the purposes of Miranda if one of the following situations exist:
- You have been arrested by a law enforcement officer OR
- Your freedom has been restricted to the same degree as it would be if you were arrested.
A police officer is only required to read your Miranda rights to you after you have been arrested AND the police intend to question you. There could be situations where the police may arrest you, but they do not intend to question you while you are in custody. If this is the case, police are not required by law to read your Miranda rights to you. For example, if you are arrested for DUI and transported to the police station for a chemical BAC test, the officer is not required to read your Miranda warning as long as the officer does not ask you any questions while you are in custody.
Obviously, there can be some dispute regarding whether a suspect was arrested at the time he was questioned by law enforcement. The courts look at several factors when determining if you were arrested at the time you were questioned when an allegation is raised that your Miranda rights were violated. Because this can be a very complex and complicated issue, it is important to hire an experienced Elizabethtown criminal defense attorney as soon as possible after your arrest.
Will My Criminal Case Be Dismissed If I Am Questions Without My Miranda Rights?
In most cases, law enforcement officers err on the side of caution. They read your rights to you to ensure anything you say can be used against you in court. However, what happens if the police do not read your Miranda rights to you AND the police ask you questions. Will your case be automatically dismissed?
Probably not. Failure to issue a Miranda warning prior to questioning is typically not a sufficient reason to dismiss a criminal charge. If you incriminate yourself, your Elizabethtown criminal defense attorney can raise the Miranda defense to have your statements thrown out if you did not receive a Miranda warning prior to being questioned while in custody.
Invoke Your Right to Remain Silent!
You are not required to answer questions for law enforcement officers. Do not assume that telling “your side of the story” will resolve the matter in your favor. Do not assume that what you say cannot be held against you just because a police officer has not read the Miranda warning to you.
It is always in your best interest to remain silent except for asking to contact your attorney. You have the right to have an attorney present whenever you deal with law enforcement officers regardless of whether you are under arrest. Exercise your legal rights! Call our Elizabethtown criminal defense attorney before you answer any questions for law enforcement officers.
Contact an Experienced Elizabethtown
Criminal Defense Attorney
The Elizabethtown criminal defense attorney of Musselwhite Meinhart & Staples, PSC wants to protect your legal rights. You have the right to a fair trial before you are judged guilty or innocent. The state must prove you are guilty — being arrested is not evidence of your guilty. Do not assume you must accept a plea bargain or plead guilty to a charge even if you believe you are guilty. You may have a valid legal defense to the criminal charges. It is worth your time to consult with our Elizabethtown criminal defense attorney to learn your rights before you accept the state’s deal.
Our law firm represents clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a free consultation with an Elizabethtown criminal defense attorney. You may also contact our office through our convenient online contact form.