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If the police fail to give Miranda warnings and I end up charged with a crime, can I get the charges dropped?
One popular misconception about the criminal justice system is that a case has to be thrown out of court if the police fail to give the Miranda warning to people they arrest. What Miranda says is that the warning is necessary if the police interrogate a suspect in custody and want to offer something the suspect says into evidence at trial. This means that the failure to give the Miranda warning is utterly irrelevant to the case if:
In essence, if the prosecution can win its case without using the improperly obtained statements, a Miranda violation will not cause dismissal of the case.
by: Sara J. Berman
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
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