Do my charges get dismissed if I was interrogated before my Miranda Rights were read to me?

Asked over 1 year ago - Long Beach, CA

I was brought in to the police department for physical altercation. The police officer had questioned me for my version of the story and I had confessed. I confessed to committing the crime and had told the officer all of the details. I was handcuffed and finally been told my Miranda rights.The officer had told me either way I was going to be booked whether I told the truth or not. So shouldn't the officer read my rights before questioning me?

Attorney answers (5)

  1. Christine C McCall

    Pro

    Contributor Level 20

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    Answered . Miranda is a widely misunderstood legal doctrine, thanks in large part to its constant use andmis-use by uninformed TV writers.

    Assume for the moment that your case presents a clear violation of your Miranda rights: you were interrogated while in custody with no reading of your rights and you made significant inculpatory (guilty) statements. The remedy for that police conduct (sometimes error; sometimes strategy) is NOT dismissal of your case or charges. The remedy is that the statements you made cannot be introduced as evidence against you in your trial on the issue of guilt. Now, caution: there are some exceptions in the law by which your unMirandized statements, in whole or in part, can become admissible. But this is the general rule.

    A dismissal will not happen in response to a Miranda violation unless the case cannot be made without your unMirandized statements.

    Your attorney or the Public Defender will know all of this and will also know how best to best utilize these legal principles for your benefit. Miranda, despite what everyone thinks that they know from TV shows, is not a DIY project.

    Christine McCall, License Advocates Law Group
    www.LicenseAdvocates.com
    www.CaliforniaLicenseLaw.com

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Sean Anthony Brady

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . As Ms. McCall explained, if it can be shown that your statements were made during a custodial interrogation and you were not read your Miranda rights, there is a chance to have your statements suppressed, meaning they cannot be used as evidence. That does not mean you are automatically clear of all charges, as the prosecution may have other evidence of criminal activity you might have committed, and charge you based on that.

    So, what you need to do now is first remain silent, meaning do not discuss this matter with ANYONE, especially law enforcement. In fact, if you are questioned by law enforcement your only response should be "I respectfully assert my right to remain silent and to have an attorney present." Next, you need to get an attorney. Most attorneys, including myself, offer free initial consultations to discuss your case and what it might entail, including costs. You should not talk to anyone except a criminal defense attorney about your case. Then you should hire the attorney you feel most comfortable with. Ideally, you want an attorney who is familiar with the court where your case is being handled, and who has experience in these types of matters. If you truly cannot afford a private attorney, which the court will determine, you should request a public defender at your first court date.

    Michel & Associates, PC

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  3. Sharon Paris Babakhan

    Contributor Level 15

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    Answered . Yes but there is a fine line between custodial interrogation and non- custodial interrogation. It is something that your attorney should dispute and if successful can suppress those statements.

  4. Dan Eugene Chambers

    Contributor Level 20

    5

    Lawyers agree

    Answered . As my colleagues have pointed out, this is a fact-intensive inquiry that needs thorough analysis. Contact an attorney who can help analyze your options. Even if the statements are inadmissible in court, it might still be possible for the prosecution to make its case.

  5. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Since you were detained the confession should be suppressed. But knowing Long Beach like I do there will be a great deal of work because it's unlikely that your version will not be the same as the police version. Lawyer up. There's plenty of good attorneys in Long Beach. Many of them offer a free consultation so I suggest contacting a few to determine which one best fits your case. Good luck.

    www.YourCriminalDefenseLawyer.com
    for Fairness / for Your Freedom because sometimes good people get into bad situations
    (562) 216-2940
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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