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Former prosecutors with more than 50 years of combined experience

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I was not read my Miranda Rights. Will my case be dismissed?

When officers arrest individuals for allegedly committing various crimes, the officer must read the individual their Miranda Rights. Stemming from an incident that occurred in the 1960s, the Miranda Rights ensure that arrested men and women understand how their actions will affect their subsequent court proceedings.

It is against the law for an alleged criminal to face incarceration if they do not hear these rights. Especially in stressful situations involving high-speed chases, robberies or drug offenses, some officers forget to honor the Miranda Rights commitment.

Your Miranda Rights and the implication if not read

According to federal law, the Miranda Rights indicate your rights to:

  • Not speak with any member of authority regarding your charges
  • Receive an attorney that you can assign or that the court will assign

In addition, an officer will:

  • Explain that anything you say after being read your rights can be presented in court as evidence
  • Ask you if you understand your Miranda Rights
  • Ask whether you would still like to speak with the officer

When a court discovers that an alleged criminal did not receive these rights, serious implications occur. Because you may not have known that you did not have to answer an officer’s questions regarding the crime without an attorney present, you may have admitted or alluded to the fact that you had committed specific offenses.

Unfortunately for the court, if you did not hear your Miranda Rights, and an officer uses your admittance when testifying to the court, a court has the authority to remove all evidence received upon your arrest. If an individual does not know that they have the right to remain silent, then an officer cannot present any information received to the court as evidence.

If you face charges and did not hear your Miranda Rights, you must contact an experienced criminal defense attorney immediately. The court can suffer consequences if you do not hear your Miranda Rights upon your arrest, and you may have the ability to avoid charges.

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

Lerner & Lerner, P.C.
1 Old Country Road
Suite 125
Carle Place, NY 11514

Toll Free: 800-747-4996
Phone: 516-741-4100
Fax: 516-741-7485
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