» Ignored Miranda Rights May Result in a Motion to Dismiss

Ignored Miranda Rights May Result in a Motion to Dismiss

Lakeland, FL (Law Firm Newswire) June 13 , 2013 - Not reading an individual their rights is not like what is depicted on television crime shows.

“One of the most frequently asked questions I get in my criminal defense practice relates to the police not reading a person their rights, and does that mean their case will be dismissed,” explained Thomas Grajek, a Lakeland criminal defense attorney. “This is usually followed closely by the individual also asking didn’t the police have to read me my rights?”

What many people do not realize is that Miranda rights only deal with statements made. Furthermore, every person accused of a crime has a Fifth Amendment constitutional right to not say a word ---- to not be a witness against themselves. That means, in a nutshell, anyone accused of a crime does not have to talk to the police or answer any of their questions.

“In short, you have the right to speak to a competent criminal defense attorney if the police want to question you about a crime. On television it’s called lawyering up. Whatever you want to call it, it is your right to demand a criminal defense lawyer. Until you see and speak to one, say nothing,” added Grajek.

To further sort out the misconception that everyone must be read Miranda rights, the reality is that the police only have to read those rights if the individual is subject to an interrogation in custody. Custodial interrogation is being questioned by the police after being arrested and taken into custody. Being in custody is clearly a situation where the person is not allowed to go anywhere until an interrogation is conducted. “Meaning, if a reasonable individual were in the same situation as someone under arrest and in an interrogation room, that they would reasonably believe their freedom was limited,” Grajek outlined.

The long and short of Miranda rights is that law enforcement only reads them to a person if they are in custody. “And this is a point worth examining,” added Grajek, “as whether or not you are in custody is a decision made by a judge when a criminal defense attorney files a motion to suppress your statements ---- asking they be thrown out, because your Miranda rights were violated.” If the court decides a person was in custody and the police did not Mirandize them, any and all statements are tossed out of court and they cannot be used against the person by a prosecutor.

It is best to consult with a skilled criminal defense attorney to further find out if any statements made, and thrown out, will mean any charges will be dismissed. “It depends on the evidence,” remarked Grajek, “as if the only evidence against you is your statements and a judge throws them out, the whole case is done for. But, if other evidence exists along with your statement, charges are not dismissed. However, the statements still cannot be used against you by a prosecutor.”

Criminal law is exceedingly complex. For those in situations where they need a criminal defense attorney, remain silent until one is contacted. This is a right of every American citizen charged with a crime.

For more information about Lakeland criminal defense lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606


View Larger Map

  • Criminal Profiling is not just done on TV
    The law enforcement tactic of criminal profiling, pioneered by FBI Agent John Douglas, is not just a tool injected into TV shows for extra entertainment, but is a reality in law enforcement, even used to try and hunt down Jack the Ripper in London. Profiling does not take place in a vacuum and investigators rely on any evidence found at a crime scene to draw conclusions. Other important aspects police consider are the crime location, the circumstances of the crime, whether it is similar in nature to another crime (using the same modus operandi), if there is any physical evidence […]
  • Sexually Dangerous Convicts Can be Held Indefinitely
    The government now has more power and discretion in holding sexually dangerous convicts. At one time, once a sexually dangerous inmate served a full sentence, he or she was released. The U.S. Supreme Court has now indicated this may no longer be the case when it comes to sexually dangerous convicts. How is a convict classified as being sexually dangerous? There are two conditions that an inmate must meet prior to receiving this classification. In the first, a court must see clear evidence and convincing proof that the convict would not be able to stop molesting children or cease sexually […]
  • Arrest made in Polk County "SWAT"ting incident involving "anonymous" calls to police to lure SWAT team to high school.
    A Canadian juvenile was arrested in the recent Polk County “swatting” case.  “SWATting” is when an individual attempts to lure the SWAT time to respond to a location for a fake threat of some type. Polk County deputies allege the teen anonymously placed hoax calls to law enforcement officials in an effort to lure SWAT teams to respond to Ft. Meade high school over the past four-months.  Deputies say the investigation began in September, when an unidentified male called the sheriff’s office and Fort Meade High School and said he was going to “drive to Fort Meade High School in […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required