What happens if they don’t read me my Miranda rights?

San Diego Criminal Defense LawyerIf you are not read your Miranda rights (also known as Miranda warnings) by law enforcement during a custodial interrogation, it can have certain legal implications, but it does not automatically result in the dismissal of charges (but it certainly leads to a dismissal). Miranda rights are a set of warnings that police must provide to individuals who are in custody and subject to interrogation to protect their Fifth Amendment right against self-incrimination.

Here’s what could potentially happen if your Miranda rights are not read:

  1. Exclusion of Statements: If you were not read your Miranda rights and you made incriminating statements during custodial interrogation, those statements may be excluded from being used as evidence against you in court. This is known as the “Miranda rule.” The idea is that if your rights were not properly explained to you and you were unaware of your right to remain silent and have an attorney present, any statements you made may be considered involuntary and inadmissible.
  2. Other Evidence May Still Be Used: It’s important to note that the exclusion of Miranda-violation statements does not automatically lead to the dismissal of your entire case. Other evidence gathered independently of your statements, such as physical evidence or witness testimony, can still be used against you in court.
  3. Impact on Prosecution’s Case: Excluding statements obtained in violation of Miranda can weaken the prosecution’s case, especially if those statements were central to their evidence. However, if there is substantial other evidence against you, the impact of the Miranda violation may be limited.
  4. Legal Remedies: If your Miranda rights were not read to you and you believe your rights were violated, you can work with San Diego Criminal Defense Attorney Anton Vialtsin to file a motion to suppress the statements you made during custodial interrogation. If the court agrees that your rights were violated, those statements might be excluded from trial.

It’s important to consult with an experienced and licensed San Diego Criminal Defense Lawyer Anton Vialtsin if you believe your Miranda rights were not properly read to you. San Diego Criminal Defense Lawyer Anton Vialtsin can review the specifics of your situation, assess the impact of any Miranda violations, and guide you on the appropriate legal steps to take in your defense.

Our office is conveniently located in downtown San Diego at 185 West F Street, Suite 100-D.

You can reach our office by calling (619) 357-6677.

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