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.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
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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