I was not read my Miranda Rights at the time of my arrest. Can the charges be dismissed?

Posted By Richard Lawson on Aug 12, 2010 12:32pm PDT

Probably not. Miranda Rights apply only after a person has been arrested. Any incriminating statements you make before being arrested can be used against you in court. However, any statement you make from the time you are handcuffed until the time you are read your Miranda Rights cannot be used against you. If the prosecutor’s case against you is based solely on those “un-Mirandized” statements, then your case may be dismissed. However, in most DUI cases, the prosecutor will have other evidence besides your statements to use against you in court.

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I was not read my Miranda Rights at the time of my arrest. Can the charges be dismissed?

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