We Continue to Offer All Services During the Covid-19 Crisis

Can My Case Be Dismissed If I Was Not Read My Miranda Rights?

  • Top 100 Trial Lawyers Logo
  • DCACDL Logo
  • lexis nexis icon
  • Avvo Ratiing 9.6
  • NACDL logo
  • washingtonian
  • Leaders of Law Logo
  • Legal Ambassadors Logo

At Lotze Mosley, LLP, our criminal defense attorneys in Washington D.C. and Maryland know that nearly anyone who has watched a crime show on television is aware of the phrase “Miranda Rights.”

With this depiction comes the misconception that if a person was not advised of their rights by the police, their entire criminal case can be dismissed.

Here is what our clients need to know about Miranda Warnings.

What is the Miranda Warning?

The Miranda Warning references an individual’s Fifth Amendment Right under the U.S. Constitution to remain silent during custodial interrogation by the police.

Custodial interrogation occurs when police ask questions that could potentially lead a detained individual to make an incriminating response.

That means, before the Miranda protection can apply, the individual in question must be detained – or “in custody.” For purposes of Miranda, an individual is in custody so long as they would not feel free to leave while in contact with law enforcement.

If the individual indicates in any manner, at any time prior to or during questioning, that he or she wishes to remain silent, the interrogation must cease.

If law enforcement fails to advise an individual of their right — or halt questioning once the individual has invoked their right to remain silent or to have an attorney present — it invites a motion to suppress evidence obtained during the interrogation.

What is the Difference Between Suppressing Evidence and Dismissing a Criminal Case?

Suppressing evidence and criminal case dismissals are two separate events.

If you were not made aware of your rights before giving an incriminating statement, only the statement(s) — and any potential evidence derived from the statement(s) ­— are excluded from the trial.

That does not automatically mean all the State’s evidence is suppressed, which could lead to the case being dismissed.

There might be other evidence the State could rely upon to continue its prosecution.

If you believe the police may have violated your Constitutional rights, our experienced criminal defense attorneys in Maryland and Washington D.C. can navigate these complex issues to pursue the best outcome for your unique case.

Contact Our Criminal Defense Attorneys at Lotze Mosley Today for Help

If you have been detained for a crime, and believe you were not effectively made aware of your rights before being questioned, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling (202) 393-0535 today.


Message Us