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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