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Miranda Warnings: What If They Didn’t Read Me My Rights?


You may have seen television shows and movies where a law enforcement officer reads the “bad guy” his rights when he is apprehended. In fact, some of us can recite the Miranda Warnings simply because we have seen them so many times in shows and movies. Unfortunately, television shows and movies do not give us all of the facts about our Miranda Warnings. One misconception portrayed in shows and movies is that an officer must read a suspect his or her Miranda Warnings before he can question the suspect. This is not always the case.

When Must an Officer Provide Miranda Warnings?

Officers are only required to read you your rights if:

  • You are in custody AND
  • You are being questioned about the crime.

An officer can ask questions without reading you your Miranda Warnings if you are not in custody. Likewise, simply because you are placed in custody does not mean your Miranda Warnings must be read to you. Knowing when an officer must issue the Miranda Warnings can be complex and tricky. It is not as clear-cut as television shows and movies like to make it.

Just as some people believe that an officer must read the Miranda Warnings as soon as he places the suspect under arrest, some people believe that the case against them must be dismissed if the officer failed to read the Miranda Warnings. Failure to issue Miranda Warnings is not a reason for automatic dismissal of a case.

If the officer fails to read you your rights and you make incriminating statements, those statements cannot be used against you in court. Furthermore, any evidence gathered as a result of those incriminating statement cannot be used in court. The case may proceed and you could be found guilty without the use of those statements and evidence. While some cases will be dismissed because your statements are essential for proving the state’s case against you, there is no guarantee that a failure to read you your rights will result in a dismissal of the case.

Consult with an Experienced Criminal Defense Lawyer

If you have been charged with a crime in North Carolina, your first step should be to consult with a North Carolina criminal defense attorney. The attorneys of The Trevor J. Avery Law Firm, LLP handle all types of criminal matters. We conduct a thorough investigation, including whether your Miranda rights have been violated, to build a strong defense strategy for your case.

Contact an Experienced Jacksonville Criminal Defense Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm, LLP is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459  or contact us online today for a free case evaluation.