Keauhou, HI asked in Criminal Law for New York

Q: Can my case be dismissed if the police did not read me my Miranda rights?

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2 Lawyer Answers
Stephen Bilkis
PREMIUM
Stephen Bilkis PRO label
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: While the Miranda warning is important, failure to read the warning won't necessarily be a reason to dismiss your case. Miranda rights would apply to a person that was arrested and taken into custody. If they made a statement after this in response to officer questioning, it could be an issue. If the case hinged upon the testimony given it could result in a dismissal of the case, but this is fairly infrequent.

Andrew M. Stengel
Andrew M. Stengel
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: No. But evidence that was obtained after, usually statements, may not be able to be used against a person.

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