Criminal Law Questions? Ask a Criminal Lawyer.
Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.
Miranda is a US Supreme court decision that requires that the police give the following warnings before questioning a suspect:
In 2008, the US Supreme Court reaffirmed this in Powell v Florida, No. 08-1175
If the police did not say these words, then the statement obtained can be challenged in a suppression hearing before trial. If the police are challenge and your attorney can prove, the police did not give the proper Miranda warnings, then your statements may be able to not be used at trial against you.
The whole case will not be able to be dismissed. The prosecutor, if the statements are suppressed, will have to try to prove the case with other evidence.
Please let me know if I can help more. If you are satisfied with my help, please rate me.