Criminal

questions & answers

Question: When arrested for hindering or interfering ,the officer failed to read me my Miranda rights.Are these grounds for a dismissal?

Answer:

The short answer…it depends. When you (or anyone for that matter) are in custody for a crime and the police intend to ask you questions regarding this crime they think you committed, then they are required to read Miranda warnings. If you were arrested but they did not ask questions, most likely the case would not be dismissed. Typically, if your Miranda warnings were not read to you, it would not be grounds for dismissal. The police simply would not be able to use anything you said after arrest against you in court.

If you feel you meet the criteria of custody + interrogation, then you should consider either a criminal defense attorney or an attorney who specializes in civil rights.