Rhode Island DUI Lawyers

If the officer never read me the Miranda warning, can I have my case dismissed?

No, your case cannot be dismissed for this reason. When the police are conducting a custodial interrogation of an individual, they have an obligation to first advise that person of their Miranda rights. Many times, however, they do not fulfill this requirement. When this happens, the prosecution will be unable to use any of your statements (ones given during a custodial interrogation) as evidence in the case. This is particularly important when confessions or admissions of guilt were given to the police. Your Miranda rights are listed below and should never be waived!

• You have the right to remain silent and refuse to answer questions.
• Anything you do say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning.
• If you cannot afford an attorney, one will be appointed for you before any questioning.