Q: When I was arrested the police never read me my rights, is my case going to be dismissed?
A: Advising you of your right to remain silent is ingrained into society through television. However, the requirement that it be read to you is limited. The police only have to advise you of this if 1) you are in custody and 2) they want to interrogate you; i.e. ask you questions that tend to incriminate you. In most police interactions, the questioning takes place before you are in custody and they are not required to read you your rights. If the police were required to read you your rights and failed to do so and you made incriminating statements, like, “Hey, that cocaine is mine,” the charges are not dismissed. You can keep that statement from the trial of your case by filing a Motion to Suppress. If the State still has other evidence to convict you then the cases will proceed. Of course, we suggest you never make any incriminating statements to the police.
If you have questions about your case contact Crawford & Boyle for a free consultation.