A defendant must only be mirandized if and when s/he is in custody and law enforcement wish to question him/her. Failure to advise someone of their "Miranda" rights could only result in the suppression of any statements that were improperly illicited not the case being dismissed. If the only evidence that that the prosecution would have to prove that you were the one who committed the crime would be those statements and they were supressed, then the case might get dismissed. I find it extremely unlikely though that the statements would be the only evidence and that the prosecution would have more to move forward with (especially if it is a DV case).
As a general rule the answer is no. Miranda warnings are required where the police conduct a custodial interrogation. In other words, the police have to give the warnings before they (1) question a suspect who (2) is in custody. If there is no questioning, the warnings are not required even if the suspect has been arrested. Conversely, no warnings are required where the person questioned is not in custody. And what happens if the police fail to give the warnings when they are required? A statement made by the defendant in violation of Miranda may not be offered by the prosecution in its case in chief. That's it. That is the only remedy. The statement may be used by the prosecutor for impeachment and, of course, as a basis for further investigation.
Failure to comply with Miranda results in dismissal of the case only in the relatively unusual situation where the prosecutor has no case without the defendant's statement.
Miranda has gotten functionally weaker over the past decade. Games are played; defendants are engaged in conversation; police try to obtain implicit waiver, etc.
With assault you have a victim, and possibly witnesses. Like the other posters, I doubt that there is a lack of other incriminating evidence.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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