The police officer never read me my Miranda rights. Can I get my case dismissed?

by Aaron Black • January 02, 2012

A Miranda warning is simply a right to silence warning given by the police before you are interrogated. By informing you of your rights, they are preserving the admissibility of your statements in criminal proceedings.

Miranda rights are to be read after a person is arrested. Most police wait as long as possible to arrest in order for a suspect to say as much as possible. After arrest, if the police want to talk with you, they must read the Miranda rights.

If Miranda is not read, the consequence is that the statements made by the person arrested cannot be used at trial. Your case will not be dismissed. However, if the defendant wants to testify at his own trial the statements can still be used against him for impeachment purposes.

We all have a Fifth Amendment Right to remain silent and if you are stopped by the police for suspicion of DUI in Scottsdale, Arizona you will be asked if you have been drinking, please know that you do not have to answer and I firmly believe that the best thing a person can do when being confronted by the police is to ask for a lawyer and say nothing, regardless of whether or not you are under arrest.

The best thing a person can do when being confronted by the police is to ask for a lawyer and say nothing regardless of whether or not you are under arrest.

If the Police stop you for DUI, I recommend the following

  • Immediately ask for a lawyer
  • Inform the police that you will not answer any other questions (except for identifying information) without your lawyer present
  • invoke your Miranda rights, the right to remain silent

If you have been arrested, not read your Miranda rights, and made statements to the police, contact Criminal Defense Attorney Aaron Black in Phoenix at 480-729-1683 for a free consultation at 480-729-1683.

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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