×

Address

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC know there is much confusion about when Miranda rights must be read, which often stems from misconceptions about the scope and application of Miranda warnings.

Much of the misconception stems from portrayals of law enforcement procedures in movies, television shows, and other media, which often inaccurately depict when Miranda rights are required.

Miranda Rights

The reality is that law enforcement’s failure to read an individual’s Miranda rights does not automatically result in the dismissal of charges. Miranda rights are procedural safeguards to protect an individual’s Fifth Amendment right against self-incrimination during custodial interrogations.

However, our Albany County criminal defense lawyers want all New York residents to know there are several important considerations regarding Miranda rights.

What New Yorkers Need to Know About Miranda Rights

Miranda rights must be read to individuals in custody, meaning they are not free to leave and subjected to interrogation, likely to elicit incriminating responses.

If law enforcement fails to read an individual’s Miranda rights before a custodial interrogation, any statements made by the individual during that interrogation may be deemed inadmissible as evidence against them in court.

This means that the prosecution cannot use those statements to prove the individual’s guilt.

Even if statements made during a custodial interrogation without Miranda warnings are excluded, other evidence gathered independently of the statements may still be admissible. This includes physical evidence, witness testimony, and other evidence not obtained through the interrogation. The absence of Miranda warnings can weaken the prosecution’s case, especially if the excluded statements were central to the charges. However, it does not guarantee dismissal of charges unless the case lacks other sufficient evidence to proceed to trial.

There are exceptions to the Miranda requirement, such as spontaneous statements made by the individual without police questioning or statements made during routine booking procedures.

These statements may still be admissible even if Miranda rights were not read.

Contact Our Criminal Defense Attorney Today

If you believe your Miranda rights were not correctly read or that your statements were obtained in violation of your rights, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected from the start. We have a strong track record of producing real results for our clients. Allow us to pursue a positive outcome for your case, too.

Related Posts


What Happens If a Victim Refuses to Testify in New York – Are Charges Dropped?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that the victim is often the person most directly affected by the alleged crime…

The Importance of Hiring a Major Felony Defense Attorney in New York

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that major felony charges in New York typically include serious offenses that carry significant…

My Miranda Rights Were Not Read To Me – Will My Charges Be Dismissed?

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC know there is much confusion about when Miranda rights must be read, which often stems…

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2024 All Rights Reserved.

amn-logo