Can my case be dismissed if they didn’t read me my rights?

DETAILS

5th degree controlled substance

ANSWER

I agree with my colleagues who have already answered your question.

It will take a detailed analysis of the facts and circumstances of your case, thorough research into the recent case-law in Minnesota on custodial interrogation, and an omnibus hearing where the Officer is cross-examined, to determine whether dismissal is a possibility. Even then, it will come down to the ruling of a judge (who may or may not be correct on the issue) and then an appeal of that decision after a trial. However, as the previous attorney posted, the remedy for a violation of Miranda is suppression of the statements. Sometimes, prosecutors will still move forward with a case even if the statements of the defendant are suppressed.

It would be best to consult with a lawyer immediately so that you know where you stand. I would be happy to speak to you about your matter. I offer free consultations and you can call me at 612-810-0060 (my cell) anytime.