What If I Wasn't Read My Rights?

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

Answer: Not likely, but possible. It depends on the case, what the issue is and what was garnered after the questioning started. A DUI case, as we may have mentioned in some earlier discussions, Miranda is generally not quite as important because there’s not a lot of evidence taken after the person is put into custody. A murder case, if a person’s in custody and they did not read the Miranda and then during the interrogation [provide] evidence that proves the murder, that might be a case where the case could be dismissed; or, what would happen would be the evidence would be excluded, and then without evidence then the case would have to be dismissed.

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