Can charges be dropped if the Miranda rights were not given and after a person had been arrested?
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Can charges be dropped if the Miranda rights were not given and after a person had been arrested?
Asked on May 30, 2013 under Criminal Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If Miranda warnings were not given and incriminating statements were made by the defendant, those statements are inadmissible as is evidence obtained as the direct result of those inadmissible statements.
If there is other evidence independent of the incriminating statements, the case may proceed and if that independent evidence establishes guilt beyond a reasonable doubt, the defendant could be convicted.
The judge in the case will determine the effect of the incriminating statements made without Miranda warnings and whether or not there is sufficient evidence independent of those incriminating statements to proceed with the case or whether the case should be dismissed.
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