If the Police never read me my Miranda Warning in Minnesota, can I get my case Dismissed?
If you are arrested here in Minnesota, one of the things you might expect to hear is something called your Miranda warning. In fact, you might actually know you Miranda warning or rights better than any other right you possess:
“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. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Your Miranda rights are protected by both the U.S. and Minnesota Constitutions. So, what happens if the police officer who arrests you doesn’t bother to read those rights? Unfortunately, the answer is it depends. It is important that you sit down with an experienced Minnesota criminal defense attorney to discuss the limits of Miranda, when it applies and whether the lack of reading you these rights could made a difference.
“Unfortunately, if you are stopped on the side of the road and the cop asks “have you been drinking?" or "are you the driver?", these may fall outside of the Miranda requirement.”
When Does Miranda apply?
The police are required to give a Miranda warning under very specific circumstances. These circumstances require that you are in police custody, also known as a custodial interrogation. This means that a reasonable person under the circumstances would believe that they were under the control of the police and not free to leave. Typically, the Courts will consider you in custody if you are in an interrogation room at the police station, under arrest and not free to leave. Anything less than that may be a fight. An experienced Minnesota criminal defense attorney can help determine if your rights have been violated.
“If you are in custody and the police don’t bother with Miranda, you may be successful at getting those statements suppressed. This may change the entire dynamic of the State’s case.”
Can my Case be Dismissed?
If the police never read you your Miranda rights, it does not automatically mean that your case will be dismissed. If the police fail to give you these warnings before questioning you while you are “in custody,” any statements or confessions you make may be suppressed or excluded from evidence at trial. This means that the prosecution may not be able to use these statements or confessions against you in court. That being said, excluding the statement doesn’t necessarily mean that the case will be dismissed. They police may have other evidence at their disposal that they will use.
Remember, if you make confessions without their prompting or if you make statements against interest at simple roadside stops, Miranda won’t likely apply and they will be able to use those against you. The police officer’s failure to use Miranda won’t matter at all. However, you have far more rights than simply Miranda. Therefore, it is critical to sit down with an experienced Minnesota criminal defense attorney to discuss, your rights, what happened, and where you go next.
Go with the Best
Jack Rice is a nationally known and respected criminal defense attorney based in St. Paul, Minnesota. He is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. With more than 25 years of experience, he is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.