“They Never Read Me My Rights!” – When Miranda Warnings Actually Matter

If you’ve ever been arrested or watched a legal show, you’ve probably heard the line: “You have the right to remain silent…” But what happens when the police don’t say that? Does it mean your case gets thrown out? Not necessarily.

As a criminal defense law firm, we hear it all the time: “they never read me my rights. Shouldn’t my case be dismissed?” The short answer: Miranda rights only apply in specific situations. And even then, failing to read them doesn’t automatically kill a case.

What Are Miranda Rights?

Miranda warnings come from the U.S. Supreme Court case Miranda v. Arizona. They’re intended to inform a suspect of their constitutional rights when they’re in police custody and about to be questioned. The standard Miranda warning usually includes: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you before any questioning if you wish. Do you understand these rights as they have been read to you?

But here’s the key: Police are only required to read you your rights if two things are true: One, you are in custody and two, you are being interrogated (i.e., asked questions likely to elicit an incriminating response)

If you’re not both in custody and being questioned, Miranda doesn’t apply.

What Counts as “Custody”?

This is where things get complicated. Custody doesn’t always mean handcuffs or a jail cell. Courts look at the circumstances of the encounter to decide whether a reasonable person would feel free to leave. Sometimes, even a “casual” interview at a police station can qualify as custody depending on the situation. This is an answer we can only give after reviewing all aspects of a case.

Real Example: Capital Murder Case Suppressed — But Not Dismissed

We recently defended a client charged with capital murder. During the investigation, law enforcement questioned him while he was clearly in custody but they never read him his Miranda rights. We took that issue to court and won a suppression hearing. The judge ruled that our client’s statements to police couldn’t be used at trial. That was a big win but it didn’t mean the entire case was thrown out. Suppression only affected his statements not the other evidence the state had.

Miranda violations only result in a full case dismissal if the statement is the only evidence the prosecution has, or if all their evidence flows directly from the illegal questioning.

Why It Matters

If you’ve been charged with a crime and believe your rights were violated, it’s essential to talk with a criminal defense lawyer who understands how to challenge those issues in court. At McCormick Lawrence, we are a dedicated criminal defense law firm that will analyze every case for possible Miranda violations and fight to get illegally obtained evidence thrown out. Sometimes, it can make or break the case. Other times, it’s just one piece of a much bigger puzzle. Either way, we leave no stone unturned when it comes to protecting your rights.