I Wasn’t Read My Rights – Will My Case Be Thrown Out?

The Constitution of the United States and the Bill of Rights makes sure that all citizens are protected. One of the important rights is that citizens must be read their rights as part of the arrest process. These rights are often referred to as “Miranda Rights”.  Many people think that their arrest is not legal and therefore will be thrown out if the Miranda rights weren’t given. This isn’t necessarily the case.

Miranda Rights

What are the Miranda rights? These include several important points including:

• You have the right to remain silent
• Anything you say can be used against you in a court of law
• You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
• You may stop talking at any time

It is important to note that the police must read you your rights as part of the arrest process. After the arrest, the rights automatically apply, whether they were stated to you or not. If your rights were not read, be sure to immediately bring that to the attention of your attorney.

What if My Rights Weren’t Read?

Law enforcement officials are permitted to make a brief detainment without having to read your rights. This is only to be for a short time. If you are officially arrested, the police must read your Miranda rights. Just because the rights weren’t read doesn’t mean the case will automatically be thrown out of court. First, something must have occurred that wouldn’t have, had your rights been read. For example, if you gave police a statement after your arrest, but they did not read your rights, it is quite possible that the statement won’t be allowed in court. However, if your rights weren’t read but you didn’t make a statement nor did any questioning occur, there is no problem.

I Gave a Statement

What happens if a statement was given but the Miranda rights weren’t read? It’s a misnomer to believe that the entire case will be thrown out. Instead, what will likely occur is that the statement itself will not be allowed as evidence in the case. Keep in mind, however, that the statement is only one piece of evidence. There may be other, even stronger pieces of evidence that will still be allowed. Each case is different. Your attorney will work to get any such statements suppressed. The prosecutor will need to decide whether the case is strong enough to proceed without the suppressed statement.