After an arrest, it is not uncommon for defendants to feel that their rights were violated – and more specifically, that their “rights” were never read to them. Not all cases are dismissed when Miranda rights are not read; it depends on what the officer’s statement says and what the defendant says.
Miranda Rights and Interrogation
If a person is in the custody of law enforcement, their Miranda rights must be given. A person is in the custody of the police when they are detained and not free to leave at their own will. At this point, law enforcement personnel are required to advise a person of their rights and receive a valid waiver of rights before proceeding with the interrogation. If, however, police officers are asking questions during the course of an investigation, but a person is not being interrogated, they do not have to advise of Miranda rights – even when that person is a suspect.
Law enforcement often gets around Miranda requirements by visiting a suspect unannounced. They will advise that they are investigating an incident and ask their questions freely. Because they are only asking questions, Miranda rights have not been triggered. So, if a person gives the police the advice they need and no rights were given at this point, there will be no dismissal in court.
Never Speak with Law Enforcement
Individuals should never speak to the police without an attorney present. They are not obliged to do so, and answering questions, even innocently, can put a person in jeopardy. Some individuals assume that as long as their Miranda rights have not been read, they can safely answer without being arrested or charged with a crime – but this is not true.
While rare, police occasionally state that they read a suspect their Miranda rights even when they did not; which is why it is imperative a person ask for an attorney to ensure their true rights are protected.
If Miranda rights should have been given to a suspect and were withheld, any statements made can be challenged by a defense attorney. An attorney will do this by filing a motion to suppress in court. Once this motion is granted, all illegally obtained statements will be excluded from the district attorney’s pending case and this may result in a mistrial. It is important to note that even if some statements are excluded, the district attorney may still have enough evidence to proceed with the case.
Speak with a Boston Criminal Defense Attorney Regarding Your Miranda Rights
If you feel your statements were made without proper Miranda warning, you may have grounds to suppress those statements in court. Speak with a Boston criminal defense attorney right away by contacting Keegan Law. We can review the facts of your case and provide you with an aggressive defense. Contact us online or call (617) 799-7644 to schedule your free case evaluation.