Yes. The case does not go away however if they have not. Your attorney will only be able to file a motion to keep out any statements you made after the time your rights should have been read to you.Sincerely,
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Not necessarily. They should tell you what you are being arrested for. They only have to read you your rights if they are going to interview / interrogate you or try to elicit any statements from you once they have decided to arrest you. I had a case where they just told my client he was under arrest (not specific for what) and then read him his Miranda Rights. The judge in that case ruled the only thing that mattered was that my client knew he was under arrest and the Miranda rights were properly given.
You should speak with a criminal defense lawyer as soon as possible. If you were interviewed by the police after being taken into custody, tell your lawyer that you were not given your Miranda Rights.
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