Can charges be dropped if the Miranda rights were not given and after a person had been arrested?

UPDATED: May 30, 2013

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Can charges be dropped if the Miranda rights were not given and after a person had been arrested?

Asked on May 30, 2013 under Criminal Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If Miranda warnings were not given and incriminating statements were made by the defendant, those statements are inadmissible as is evidence obtained as the direct result of those inadmissible statements. 

If there is other evidence independent of the incriminating statements, the case may proceed  and if that independent evidence establishes guilt beyond a reasonable doubt, the defendant could be convicted. 

The judge in the case will determine the effect of the incriminating statements made without Miranda warnings and whether or not there is sufficient evidence independent of those incriminating statements to proceed with the case or whether the case should be dismissed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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