If police are effectuating an arrest, they are constitutionally required to give Miranda warnings. It’s a common misconception that if the police fail to give Miranda warnings, the entire case is getting dismissed. That’s just not so. If the police fail to give you Miranda warnings and you make a statement after the Miranda warnings should have been given, then that statement can be suppressed. If you never make an incriminating statement or a statement that supports the state’s case, then it really doesn’t have much effect on your case. Don’t think that just because the police failed to give you Miranda warnings you’re case is going to go away. It’s important that you sit down with a skilled criminal defense attorney to go through your case on a step-by-step basis, organize all the state’s evidence, and determine whether or not the Miranda warnings should have been issued and what impact that has on your case.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced criminal defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.