Question:

The police officer never read me my rights, so the case will be thrown out, right?

Answer:

No!!  Failure to read someone his rights does not require dismissal. Miranda warnings are generally not required unless the police question a suspect while the suspect is in custody. Even then, the only "penalty" for failing to read Miranda rights to a suspect is that the statement made by the suspect might not be allowed in a trial.

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*All answers are for people 21 years or older, do not involve enhancements, are not exclusive, and are limited to Texas.

**This page is for informational purposes ONLY and must not be relied upon as legal advice because it is NOT a substitute for the advice of a qualified attorney, nor does it establish an attorney-client relationship.

Not certified by the Texas Board of Legal Specialization.


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