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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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The cops where called out due threats made by a third party.On

Customer Question

The cops where called out due threats made by a third party.On arrival the cops found there was an arguement within the house, yet under control and had passed. The AKA victim stated there was no argument with violence. They arrested the owner of the house with assult of a loved one. There was no assult. The owner of the house was not read her miranda rights when arrested or at all. Is it possible for the case to be thrown out if no miranda rights where read to the person being aressed?

Submitted: 8 years ago.
Category: Criminal Law
Expert:  Joseph replied 8 years ago.
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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