the police did not read me my rights will my case be dismissed?

Question

will my case be dismissed?

nooooo people I didnt brake the law thats my homework question.......I try not to brake the law b/c Im in law school. Im trianing to be a forensic investigater.

Answer 1

So if someone killed a kid but they weren't read their rights, they get to go home free?

Answer 2

Only if you were questioned about anything by someone representing the state. The officer can arrest you and not have to ask you anything at all, and the case will still hold.

However, if you can prove that the arresting officer did not advise you of your rights, then any information that the officer obtained from you can not be used, but the case doesn't have to be dropped.

Normally, departments do have madate that thier officers do advise someone of thier rights immediately upon being arrested, or as soon as possible afterwards. Just in case the person does divulge some critical information, they can use it.

Answer 3

if the police did not read your miranda rights, it is their word against yours, however there has to be some kind of proof on either end. Usually if a judge does not have any proof from either parties, it could be dismissed. Don't quote me, but that has been the case with one of my friends, plus my fiance used to be an officer. Another thing to remember, is most officers are required to wear microphones to record their contacts with people in cases like this. Have you tried to contact the officer that arrested you and get a copy of your incident? Good luck!

Answer 4

It is very unlikely, as usually people are given the Miranda warning a few times. Usually done when placed under arrest. Generally, when you get to the jail, they will likely do it again. Also, if it comes down to actually questioning you, they will either ask you if you had your rights read to you, or just read them again.

I have seen where suspects have had their rights read to them 4 times before even being booked in. It is a CYA thing. They are going to make sure something like having a case thrown out because of that does not happen.

Answer 5

Not necessarily, if the police did not read you your rights any thing you said, under most circumstances, will not be used against you. This requires that you actually be under arrest though if the police are just questioning you and you are not in custody they do not need to read you your rights. If there is other evidence against you that of course can still be used.

Say for example, the police arrest you with a bloody knife in your hands and then you confess w/o your rights being read. The confession will not be used but the bloody knife will. Or say there is a crime and the police start interviewing witnesses and during the course of that investigation you said something that incriminates you, that will be used against you.

Answer 6

The Miranda Ruling states that a suspect must be advised of his/her Constitutional rights BEFORE BEING QUESTIONED about an offense that they have been charged with. I put more than 100 drunk drivers in jail and NEVER advised a single one of his/her rights...for the simple reason that I never questioned them. You do NOT have the right to have a lawyer present during DUI screening, including the Field Sobriety Tests and the Chemical (Breathalyzer) Test.

If the police have enough evidence to charge you with a crime without having to question you, then they do not have to do so and your case will NOT be dismissed.

Answer 7

Forensic Investigators do not go to law school to be trained. And if you are in law school, you would know that if you can prove that the police did not read you your rights PRIOR TO QUESTIONING YOU, then your case will be dismissed. If the police DID NOT QUESTION you, then they do not have to read you your rights. For instance, if the police caught you drunk driving, and you failed a breathalizer test, they can arrest you without reading you your rights and without questioning you. They already know all the answers-they caught you in the act.

Answer 8

That depends on the situation. For example, if you are arrested for shop lifting and you are caught on tape the police already know that you did it and don't need to question you. If you are a suspect and some one stated that you were the one who stole something, the police will want to question you and try to get you to confess, this is when the police are required to read you your miranda rights. To sum it up, if you are put into a situation in which you might incriminate yourself you need to be read your rights.

Answer 9

Nope. The police don't need to read you your rights at all. But there are consequences to not reading your rights. If a confession is to be used by the district attorney at trial, the cops need to read the subject his Miranda rights or else the confession will be supressed. However, not every case is solved by a confession, so Miranda is not an issue in every case.

Answer 10

No, it is not necessary for them to read you your rights unless they are questioning you as a suspect in a crime. The initial investigation was to see if a crime has been comitted. By the time they decide a crime has been comitted, they usually know who the guilty party is. Once you have been arrested the investigation is over, so there is no need for further questioning thus no need to read Miranda rights.

Answer 11

It is not mandatory to read you the miranda rights anymore,a few years ago illegal aliens were read miranda rights and didnt understand them as they didnt speak english..,come to find out they were wanted but was set free because of that.Due to that case,it is no longer mandatory.So nope case will not be dismissed.

BTW,if you broke the law,take the responsibility for the punishment and not try to brush off YOUR RESPONSIBILTY on a technicality.