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No Miranda Rights Doesn’t Lead to Dismissal

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Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235


Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

Every person in America has a Fifth Amendment right against self incrimination.  Once you are arrested police officers will often recite you your Miranda Rights.  Miranda was actually a case in 1966 in which the court ruled that certain rights need to be given to a person in order to protect his or her 5th Amendment rights. 

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Most of us have watched enough police related television shows to know what our Miranda rights are. However, there are many misconceptions of what Miranda Rights actually mean. Many people will tell me that they weren’t given their Miranda rights and then ask me will that result in an automatic dismissal of the criminal case.  The answer is no.  If the police didn’t give you your Miranda rights, it doesn’t lead to an automatic dismissal of your criminal case. (picture of jail bars taken by the_kid_cl 

Miranda rights deals with your right against self incrimination.  This means that if the police place you in custody, the police need to give you your Miranda rights prior to interrogating you.  Now there is a lof of case law that define the term custody and interrogation for the purposes of Miranda.  

However, let’s just say that you were arrested and the police interrogate you without giving you any Miranda rights.  The court finds that you were in custody and were interrogated by police. You confess to the crime and the prosecutor wants to use your confession against you.  If the court finds that by not giving you your Miranda rights prior to your confession are a violation of your constitutional rights, the confession will be suppressed.  If the court suppresses your confession, the prosecutor cannot use your confession against you at trial.  However, the prosecutor may go forward with other evidence to continue to prosecute or convict you.   

You should never talk to the police without first talking to a lawyer.  It is never a good idea to start confessing to crimes.  Your confession will not help your case in the end.  In summary, after arresting and prior to interrogating you the police are supposed to give you your Miranda rights.  However, even if the police violate your Miranda rights that will not lead to an automatic dismissal to your case.  

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