FAQs

I was arrested and the police didn’t read me my rights. Since they violated my rights, my charges will be dismissed, right?

The quick answer is “maybe.” The police must read your Miranda rights if: 1. you were arrested, and 2. You were questioned. The courts have discussed at length what constitutes an “arrest” and what “questioned” means. For example, if you are arrested for petty theft, taken to the station, booked, and released, there is no requirement that the police read you your Miranda rights (because they didn’t question you about the crime). However, if you are arrested for petty theft, taken to the station, questioned about the theft, booked, and released, the police would have been required to read you your Miranda rights because you were questioned about the crime. With few exceptions, statements obtained by the police in violation of Miranda are not admissible in court. This is a very technical area, and since every encounter with police is different, if you have been questioned by the police, contact me so I can protect your Constitutional rights.

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