09/08/2026
One of the most common legal myths is that a case is automatically thrown out if an officer fails to read you your Miranda rights upon arrest.
In reality, law enforcement is only required to read Miranda warnings if two conditions exist simultaneously: you are in legal custody and being questioned about the alleged crime. If rights were not read during a custodial interrogation, your statements cannot be used as evidence, but the underlying charges do not disappear automatically.
A detailed review of your arrest protocol determines how constitutional violations impact your defense.
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