Police Didn't Read Me My Rights - Can my Case Get Thrown Out?
When you get arrested or questioned by the police, you’ve probably seen enough movies and TV shows to expect them to say something like, “You have the right to remain silent…” That’s part of what’s called your Miranda rights. But what happens if they don’t? Does that mean your case automatically gets thrown out?
Let’s break down how Miranda rights actually work, what happens if the police don’t read them to you, and how it could impact your criminal case in Missouri.
What Are Miranda Rights?
Miranda rights come from the 1966 U.S. Supreme Court case Miranda v. Arizona. The Court ruled that before a person can be interrogated while in police custody, they must be informed of their constitutional rights, including:
The right to remain silent.
That anything said can be used against them in court.
The right to an attorney.
If they can’t afford an attorney, one will be provided.
These warnings are meant to protect your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel.
When Do Police Have to Read Miranda Rights?
A common misconception is that police have to read you your rights the moment you’re arrested. That’s not true. Miranda warnings are only required when two conditions are met:
You are in custody — meaning you’re not free to leave.
They are interrogating you — meaning they are asking you questions likely to lead to incriminating answers.
If you’re just having a conversation with an officer, or if you’ve been arrested but they’re not asking you questions, Miranda doesn’t apply yet.
What Happens If Police Don’t Read Me My Rights?
If police fail to give you a Miranda warning before custodial interrogation, it doesn’t mean your case gets dismissed automatically. But it does mean that any statements you made during that interrogation may be excluded from evidence in court.
This is called “suppression” of evidence. Without your statements, the prosecutor’s case might fall apart, especially if they were relying on what you said to convict you.
Example:
You’re arrested for burglary, and while in custody, the police ask you about stolen property without reading you your rights. If you admit to the crime during that questioning, your attorney could file a motion to suppress that statement. If it’s thrown out, the prosecutor may not have enough evidence to continue with the charges.
Exceptions to Miranda
There are exceptions to Miranda, including:
Voluntary statements: If you voluntarily blurt out something incriminating without being asked a question, that can still be used against you.
Public safety exception: If police are dealing with an immediate danger (like trying to find a hidden weapon), they might not need to Mirandize you right away.
Routine questions: Basic questions like your name, address, or date of birth don’t require a Miranda warning.
Can My Case Be Thrown Out Entirely?
It depends. If the only evidence the prosecutor has against you is your own statement obtained in violation of Miranda, suppressing that evidence could lead to dismissal of the charges. But if they have other evidence — like physical evidence, surveillance video, or witness testimony — the case might still move forward.
That’s why it’s critical to have a defense attorney who can carefully examine how the police handled your arrest and interrogation.
How a Criminal Defense Lawyer Can Help
If you believe your rights were violated, don’t assume the court will automatically fix the problem. It takes an experienced criminal defense lawyer to raise these issues properly. Your attorney can:
Analyze whether you were in custody and being interrogated.
File motions to suppress any statements or evidence obtained illegally.
Challenge the strength of the remaining evidence.
Negotiate with prosecutors or fight for dismissal if your rights were violated.
Arrested in Missouri? Protect Your Rights.
At The Hartley Law Firm, we’ve successfully defended clients in Kansas City and throughout Missouri by challenging illegal police conduct and Miranda violations. If you’ve been arrested and think your rights were violated, don’t wait — contact us for a free consultation. Let’s build your defense the right way.
Legal Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post or contacting our firm does not create an attorney-client relationship. Every case is different, and you should consult with a qualified attorney about your specific situation before making any legal decisions. Past results do not guarantee future outcomes. For legal advice tailored to your circumstances, please contact The Hartley Law Firm directly.