I Wasn’t Read My Rights — Can My Case Be Dismissed?

Many people believe that if the police didn’t read them their rights, their entire case should be thrown out. It’s a common misconception, but the reality under Washington law is more nuanced. Understanding your rights — and when law enforcement must inform you of them — can make all the difference in your defense.

What Are Miranda Rights?

Your Miranda rights are based on the landmark U.S. Supreme Court case Miranda v. Arizona (1966). These rights include the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in court. However, police are not required to give these warnings in every encounter. They are only triggered under very specific conditions.

When Do the Police Have to Read Them?

Miranda rights must be read only when two conditions are met:

  1. You are in custody, meaning you are not free to leave; and
  2. The police are conducting an interrogation, meaning they are asking questions likely to elicit an incriminating response.

If both of these elements are present and the police fail to read you your rights, anything you say in response may be challenged in court. But if only one or neither condition applies — such as a routine traffic stop or general questioning — Miranda doesn’t apply.

What If the Police Didn’t Read Me My Rights?

If the police should have given a Miranda warning but didn’t, your attorney can file a motion to suppress any statements you made. In Washington, this is typically handled through a CrR 3.5 hearing, where the judge decides whether your rights were violated and whether the statements can be used as evidence.

However, not every Miranda violation leads to a case dismissal. Suppressing your statements may weaken the prosecution’s case, but if they have other evidence — such as physical evidence or eyewitness testimony — they can still pursue charges.

Can My Case Still Be Dismissed?

Possibly — but it depends on the strength of the prosecution’s case without your statement. If your suppressed statement was the central piece of evidence, the prosecutor may decide to drop or reduce the charges. But if your statement was only part of a larger body of evidence, the case will likely move forward.

Dismissal is not automatic. That’s why it’s critical to have an attorney who understands how to raise and argue these issues effectively.

Protect Your Rights with a Skilled Defense

At the Law Office of Erin Bradley McAleer, we know how to challenge improper police conduct and fight to have unconstitutional evidence excluded. If you weren’t read your rights, it’s important to speak with an attorney immediately. We’ll evaluate your case, file the necessary motions, and build a strong defense tailored to your unique situation.

Don’t guess about your rights — get legal advice that makes a difference. Contact our office today for a free consultation.