Thursday, February 4, 2016

The police did not read my Miranda warning after I was arrested. Will my case be dropped?

We get this question a lot. The short answer is probably not.

When you are in custody and the police interrogate you, they have to advise your of your rights prior to the interrogation.  If they do not advise you, anything you say can be suppressed (ruled inadmissible) and the State cannot use it. Sometimes, any evidence gathered as a result of the statements can also be suppressed. 

That doesn't mean that the State cannot prove the case. If police witness a crime, they do not need your confession to prosecute you.  Many times (especially in drug cases and weapons offenses) the police don't ask you anything because they don't need to investigate. They have probable cause to arrest, they arrest, they bring you to jail and do no more. 

This analysis is very fact specific.  If you would like to know more about your case specifically, you can call an attorney to review your case in a consultation.

Plata Schott Attorneys & Counselors at Law is a law firm with offices in Jacksonville, Florida serving all of Northeast Florida. For more information, call 904-516-5560 or visit www.plataschott.com. 


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