I'm a criminal
defense attorney and I'm asked that question all the time. Unfortunately, the lack of Miranda warnings, in and of itself, is insufficient to have charges dismissed.
For Miranda to come into effect, 2 things must be present:
- The person must be in custody. That usually means an actual arrest but a full arrest isn't necessary, simply that the person is not free to leave.
- The person must be subject to an interrogation
. This means that law enforcement must be asking questions related to the criminal charges.
If BOTH these elements aren't present, Miranda is not necessary.
Additionally, even if there is a violation of Miranda, it typically only leads to any statements that were made being excluded from evidence. If there is still sufficient evidence to prove the charges, the case will not be dismissed.
Please let me know if I've missed anything.
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