I wasn’t read my rights. Can my case be dismissed?
One of the questions or comments that I hear a lot when clients come to see me the first time is, they will say, “Well, I wasn’t read my Miranda rights. Can my case be dismissed?” The short answer to that is probably no. It’s unlike TV, in most cases, it’s just not required that your Miranda rights be read. The only time a police officer is required to read you your Miranda rights—you have the right to remain silent, you have the right to an attorney—we’ve all heard them. The only time he’s required to do that is if he’s going to interrogate you. And, not only interrogate you, but you are also in custody. So if he’s just out there and sees you do something and decides he doesn’t need to interrogate you, and he just arrests you, he’s not required to read you your Miranda rights. If he sees you on the street and says, “Hey! I want to ask you about X, Y, and Z,” and you’re not in custody, he’s not required to read you your Miranda rights. So typically, it’s just not required.