fbpx

The simplest way to answer this question is not exactly. I think with the increase of crime and legal dramas on television of the past few decades a lot of people misunderstand how Miranda rights work when it comes to how it may affect the outcome of your case. The purpose of Miranda rights it to inform the arrested individual that he or she does not have to answer any police questions and that he or she has the right to an attorney. It does not serve to exclude any other evidence from a case other than police questioning. Miranda rights are only triggered by an arrest so it is important to identify exactly when an arrest took place to determine if the rights should have been read.
If you have been arrested and were not read your Miranda rights then if the police questioned you after the arrest anything you said would be inadmissible in court. However anything you answered prior to the actual arrest is still admissible court regardless of whether your rights were explained or not. The lack of reading Miranda rights does not exclude any other evidence the State may have against you such as the results of field sobriety testing of breathalyzer readings. In short a case against you will not necessarily be dropped just because Miranda rights were not read to you.
A piece of advice – when being questioned by police before or after arrest does not answer any questions. Politely refuse to answer any questions such as where you are coming from or if you have had anything to drink because these answers may be used against you in court. If you have been arrested and are asked to answer questions it is generally best to invoke your right to have an attorney present to make sure your rights are protected.

Our attorneys have experience and knowledge of the law in North Carolina and will work tirelessly to defend your case. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999. You will be glad you did. Don’t worry. We are here to help.