Скачать или смотреть # 393) What happens if the Cops don’t read me Miranda?

Thanks for asking me “What happens if the Cops don’t read me Miranda?”

One of the biggest myths in the #CriminalJusticeSystem - & one that I explain frequently - is that where the #Cops were legally obligated to read you #Miranda yet failed to do so, then your case gets dismissed. That is flat out wrong. A failure to read Miranda does NOT result in dismissal of a case; rather, the remedy for a #MirandaViolation is #Suppression of any ill-gotten statements.

Let me repeat that: If #Police #Arrest you for #Crime X, have you in custody & while you're captive they question you about crime X, then they're legally obligated to read #MirandaWarnings BEFORE any questioning starts. Under these circumstances if they fail to advise you of your #MirandaRights, & should you make any statements - incriminating or not - then the remedy for this #ConstitutionalViolation is suppression of whatever statement that you may have made & nothing more. The case will NOT be dismissed. It can - & it will - proceed with whatever other #Evidence the State has in it’s arsenal. What do I mean? I’ll explain using a real world example, in fact we’ll use the case of #ErnestoMiranda himself:

Ernesto was #Arrested by the #PhoenixPoliceDepartment for #Kidnapping, #Rape & #ArmedRobbery. After a 2 hour #Interrogation Ernesto hand-wrote a #Confession on a #Police form that contained the following language: “this statement has been made voluntarily and of my own free will, with no threats, coercion or promises of immunity and with full knowledge of my legal rights, understanding any statement I make can and will be used against me.” The problem was that no one from the #PhoenixPD ever read, explained or made sure that Ernesto was ever made aware of that critical small print on the bottom of their form. He was #Convicted, #Sentenced & #Appealed to the #ArizonaSupremeCourt which affirmed his conviction. Two years later the #USSupremeCourt reversed his conviction, created the #MirandaRightsWarnings requirement & sent Ernesto’s case back to Phoenix for a new #Trial. Because there was #Evidence other than just his confession the State conducted the 2nd trial with everything except the confession (which had been excluded per the #SCOTUS ruling) & lo & behold ole’ Ernesto was convicted once again.

So no, a failure to read Miranda does not result in a dismissal of a #criminalcase.

Thank you for your question, I appreciate your having asked it. Remember at #HaberPA it’s all about #ReasonableDoubt & if you like this video then please subscribe to #MichaelHaberLaw as we’ll be putting out more soon!

Please note that no #AttorneyClientRelationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of your watching this VideoFAQ. Further any & all information which is both contained in & may be construed from #isMichaelHaberLaw is generic in nature, should only be considered as informational & not as actual legal advise for a specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA as follows:

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