If the police did not inform you of your Miranda rights when taking you into custody, you may believe that the charges against you will be dismissed. Unfortunately, that is not what usually happens—at least not automatically. However, you may have a strong defense if the police make the big mistake of not telling you about your Miranda rights.
What Happens When You Are Not Given Your Miranda Rights
Your Miranda rights protect your right under the Fifth Amendment to the U.S. Constitution to not make self-incriminating statements. After being taken into custody, the police must tell you of the following:
- You have a right to remain silent.
- Anything you say could be used against you in court.
- You have a right to an attorney.
- An attorney will be appointed for you if you cannot afford one.
The police cannot interrogate you until they inform you of these important rights. If they fail to do so, it can affect your criminal case in the following ways:
- Any statement or confession you made would be considered involuntary and could not be used against you in your criminal case.
- Any evidence the police obtained as a result of your confession or statement may not be admissible in court.
If the police cannot use this evidence against you, they may have an extremely weak case against you—which could be grounds for the dismissal of the charges against you. However, you will need an experienced criminal defense attorney to help you raise this defense as well as any other defenses that may be relevant to your case.
If you have been charged with a crime, I invite you to read my free book, The Criminal Legal Process in Virginia, and fill out the online form to schedule a free consultation.
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