If the police officer didn’t read me my Miranda rights can I get my criminal charges dismissed?

In most cases the answer is NO. The police do not have to read you Miranda rights unless you are in “custody”. This normally means you are handcuffed and in the police station or a police unit. However, they do not have to read you the Miranda warnings unless they intend to question you. If they do not question you after you are in “custody” they do not have to read you the Miranda warnings.

Even if the police fail to read you the Miranda Warnings this does not mean in most cases the charges are dismissed. The “penalty” for not reading the Miranda warnings is that if you should have been “mirandized” and you are not then the District Attorney cannot introduce into evidence in their case against you any statement you made to the police. However, this does not prevent them from introducing the remainder of the evidence against you in an attempt to convict you. If they can convince 12 jurors of your guilt without using any statement you made then you can be legally found guilty even if the police violated your rights in not reading you the required warnings.