The Miranda cautions are well-known among most Americans. Even if you don’t recognize the term, you’re probably aware of what the police should say if you’re arrested for watching TV, reading books, or going to the movies. The basic script goes like this: “You have the right to remain silent. In a court of law, everything you say may and will be used against you. You are entitled to the services of an attorney…”
But what if you aren’t given Miranda warnings by the cops? If your rights aren’t read, may the case against you be dismissed? The answer to that issue, according to an experienced criminal attorney, will be determined by the circumstances of the case.
You are not always entitled to a Miranda Warning
First and foremost, you should be aware that you are not entitled to a Miranda warning every time you come into contact with the authorities. If an agent of the state or federal government conducts an interrogation while you are in custody, law enforcement officials are simply required to tell you your rights. If all of these conditions are not met in a given situation, the police are not required to read your rights.
So, what if the cops don’t read your rights to you? Officers are obligated to give you a Miranda warning if you are in custody and being interrogated. If they don’t, whatever statement you make, including a confession, might be thrown out of court. Any statement you make during the questioning would usually be suppressed by your lawyer. If the motion is granted, this statement will be excluded from the evidence.
More than your statement is likely to be suppressed
More significantly, if the statement is suppressed, any evidence collected by the police as a result of your remarks might also be concealed. For instance, if you informed the police during an interrogation that they might find stolen goods in a certain area, and the police recovered those items based on your testimony, that evidence could be suppressed as well.
Because it resulted from your contaminated statement, this sort of evidence is known as “fruit of the poisonous tree.” The police may still be able to use this evidence in some circumstances, such as if they would have discovered it without your statement.
The case against you will most likely be dropped if what you said to the police was the only link between you and the crime and it was concealed. The reason for this is simple: the statement is not admissible in court, and the police have no further proof that you committed the crime. In the same way, if any additional evidence linking you to the crime was uncovered after your confession was suppressed, the case will very certainly be dropped.
If there is additional admissible evidence, however, the case will most likely proceed. If there are additional witnesses who witnessed you breaking into someone’s house or a home surveillance video showing you stealing these things, like in the stolen good scenario above, the charge will not be dropped. Despite the fact that your testimony or confession would have been beneficial to the prosecution, there is other evidence that can be utilized to condemn you.
The Chambers Law Firm is here to assist you if you have been charged with a crime. We represent Californians accused of a variety of crimes, providing proactive counsel to preserve your rights. To book a consultation with a criminal lawyer call Chambers Law Firm at 714-760-4088 or email dchambers@clfca.com.
