Thursday, September 29, 2011
Will My Case Be Dropped for Failure to Read Me My Rights?
The case against you could be dropped if your confession is the only evidence available to prove you committed the the crime. Police are required to read you the Miranda warning before questioning if you are in police custody and being interrogated about the offense. If police fail to comply with the Miranda warning, the prosecution is not allowed to use your confession against you at trial. The case may still be prosecuted if there is sufficient other evidence available to prove your guilt beyond a reasonable doubt. Often times the prosecution will have videotape, fingerprints, DNA evidence, or eye witness testimony to prove their case. If so, the lack of a confession is not essential to proving their case.