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Arrested Without Being Read Your Rights: Does it Automatically Dismiss Your Case? 

 Posted on August 17, 2023 in Criminal Law

Illinois Drug Crimes AttorneyOne of the most recognizable aspects of the criminal justice system is the reading of Miranda rights to individuals upon arrest. Failing to have your rights read can raise questions about the validity of your arrest. Today, we will explore whether the failure to read your Miranda rights automatically results in the dismissal of your case. If you are facing criminal charges, contact a defense attorney at once to ensure your rights can be protected moving forward.

Understanding Miranda Rights

Miranda rights, derived from the landmark Supreme Court case Miranda v. Arizona, are constitutional safeguards designed to protect the rights of individuals detained or arrested by law enforcement. These rights include the right to remain silent and the right to have an attorney present during questioning. The arresting officer must inform suspects of these rights before proceeding with any interrogations to ensure a fair trial and avoid self-incrimination. 

The Consequences of Missed Miranda Warnings

While the failure to read Miranda rights is a violation of a suspect’s constitutional rights, it does not automatically guarantee the dismissal of the case. While any statements made by the suspect during interrogations may be inadmissible as evidence, other evidence gathered independently or statements made outside of the setting can still be used against them. The court will examine the circumstances surrounding the arrest and the impact of the omission on a case-by-case basis to determine the appropriate resolution. 

Exceptions to the Miranda Rights Requirements 

There are several exceptions to the Miranda rights requirement. For instance, if an arrestee voluntarily offers information without prompting law enforcement, those statements may be admissible in court. Additionally, if the arrest was not followed by an interrogation but rather a search or a routine booking process, the need for Miranda rights may not apply. Consequently, these exceptions can limit the impact of a missed Miranda warning on a case.

Other Constitutional Violations

While the failure to read Miranda rights can be significant, it is important to note that it is just one among several possible constitutional violations that could impact the fairness of a trial. Suppose other substantial violations occurred, such as an unlawful arrest or the violation of other constitutional rights. In that case, it may provide grounds for challenging the validity of the case and seeking dismissal. 

Contact an Orland Park Criminal Defense Lawyer 

If you are facing charges and believe your constitutional rights were violated, contact the skilled Orland Park, Illinois criminal defense attorney with Issa Law, LLC. Call 708-966-2408 for a free consultation. 



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