When I was arrested, the officer didn't read me my rights. Does that mean my case will be dismissed?
The likely answer to this question is, unfortunately, no. Your case will likely not be dismissed just because the officer didn’t read you your rights. To explain why, we’ll have to give you a brief run-down of what Miranda actually involved.
In Miranda v. Arizona, decided in 1966, the United States Supreme Court consolidated several cases in which individuals who had been placed under arrest were interrogated by law enforcement or prosecutors and who, during those interrogations, gave statements that were subsequently used against them.
Prior to 1966, the Supreme Court had recognized that criminal defendants had certain rights during police interrogation, among them the right to have counsel present and the right to remain silent, but Miranda was the first case where the Court really recognized that many people didn’t actually know that they had these rights and this lack of knowledge could be taken advantage of by law enforcement attempting to obtain confessions. Miranda now requires that an arrestee who is subject to interrogation must be advised of his right to remain silent, that anything he says can be used against him, that he has the right to an attorney, and that if he cannot afford an attorney, the court will appoint one to represent him. If he is not so advised, any statements he makes then cannot be used against him.
So, back to your set of facts: you were placed under arrest, and the officers did not read you your rights. Does this mean that your case will automatically be thrown out? No. If you were not interrogated about the facts surrounding the arrest, Miranda isn’t implicated. If you were interrogated, there may be grounds to file a motion to suppress your statement because it was taken in violation of Miranda requirements, but that does not mean that your case will automatically be dismissed if there is sufficient other evidence to prosecute you.
If you or someone you know has been arrested and interrogated for a crime and are looking to hire an attorney, give us a call at (318) 459-9111 to set up a consult.