Arizona Criminal Law Team
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Are Miranda Rights Even Viable For Criminal Cases in 2015?

Obviously they’re important. The police are supposed to read the alleged suspect their rights, and they do that quite often. Of course, they don’t have to read Miranda rights if they don’t plan to ask incriminating questions.

People are only entitled to be read their Miranda rights if they are in custody and the officers want to ask incriminating questions or if the adversarial process has begun, meaning there’s an investigation. If they show up at someone’s house and want to ask questions, there’s already been an investigation or a complaint and they’re looking for evidence to perhaps indict them, so Miranda would be relevant at that time, whether or not someone has been handcuffed.

If someone is not Mirandized, whether or not the case is affected depends on the facts, the interview with the officer and what type of evidence is available to prove the client’s rights were violated and they were affected in a negative way. It’s not an automatic dismissal. In fact, for the most part, even if Miranda rights are violated, the chances of a case being dismissed are still pretty slim.

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A Cup Of Coffee With 10 Of
The Top DUI Attorneys In The
United States

Guest Author: Attorney Brian Sloan

A Cup Of Coffee With 10 Of The
Top criminal defense
Attorneys In The United States

Guest Author: Attorney Carmen Gosselin

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Arizona Criminal Law Team

Call us:
480-I-have-help
(480-442-8343)

2 N. Central Ave. Floor 18, Suite 1928 Phoenix, AZ 85004

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Disclaimer: The Attorneys on The Criminal Law Team are individual attorneys that have come together for group advertising. Hiring one of the Attorneys through the Arizona Criminal Law Team results in that one Attorney representing their client under their own law firm. A client would not get multiple Criminal Law Team lawyers representing them.

Any information provided on these pages does not establish an Attorney / Client Relationship. All information on this website should be considered an OPINION based on experience, and may not be the most updated information based on constant changes in the field of law.

  • Home
  • Areas of Practice
    • DUI Defense
      • DUI
      • Aggravated DUI In Arizona
      • Extreme DUI
      • Super Extreme DUI
    • Criminal Defense
      • Drug Offenses
      • Minor In Consumption
      • Assault
      • Theft
      • TRESPASSING CHARGES
      • Criminal Damage
      • Fraud
      • Vehicular Offenses
  • Areas We Serve
    • Tempe
    • Scottsdale
    • Mesa
    • Glendale
    • Gilbert
    • Chandler
  • Team Accomplishments
  • Awards & Recognitions
  • About Us
  • FAQs
    • Criminal Defense FAQ’s
    • DUI Defense FAQ’s
    • Drug Related DUI FAQ’s (Videos)
    • Criminal Defense FAQ’s (Videos)
  • Blog