Q: The police never gave me my Miranda rights, is this grounds for dismissal of the charges?
A: No, but it may provide a legal basis for your attorney to file a motion to suppress any statement you might have made while in custody.
Most of my clients erroneously think that police have to read them Miranda rights upon arrest. This is probably because in every cop and lawyer show police always read Miranda rights before arrest. The truth is police are only required to read Miranda rights when interrogating or questioning a citizen that is in custody.
Before questioning or interrogating a citizen that is “in custody,” the police are required to advise him of his rights. If the police question a citizen that they have arrested or detained without first giving that person the Miranda warnings, the defense lawyer should file a motion to suppress any statement given by the suspect. If the suspect gave no statement, there really is no available remedy.
A blog from the Law Offices of Jason Trumpler, P.C. regarding criminal defense in the State of Texas. We represent people charged criminally throughout Central Texas. Our office is located at 5750 Balcones Drive, Suite 207, Austin, Texas 78731. Most of our cases come from Travis, Williamson, Bell, Hays, Burnet, Bastrop, Caldwell, Comal, and Lee counties.
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