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ARE MIRANDA RIGHTS REQUIRED?

Following an arrest in North Carolina, there are normally a lot of questions.   One of the most common is:  Are Miranda Rights Required?  Attorney Bill Powers, Managing Partner of Powers Landreth, pllc discusses the purpose(s) behind Miranda Warnings, what happens in court and whether Miranda Rights are Required prior to and after an arrest for Misdemeanors and Felonies in North Carolina.

Common “Post Arrest” Miranda Questions

It is not unusual for experienced attorneys to address issues such as:

  • Are Miranda Rights Required?
  • What Are Miranda Rights?
  • When Are Miranda Rights Given?
  • Where do “Miranda Rights” come from?
  • What Happens if the Officer did NOT read Miranda Rights?
  • Will the case be dismissed?
  • Will evidence be thrown out?
  • What happens if someone gave a statement after Miranda Rights?
  • What happens if Police Officers talked to me first, listened to my story and then gave me Miranda Rights?

All are VERY good and common questions.  Unfortunately, they’re often not easy to answer without an extensive review of the factual scenario of the case.  Put simply, Miranda Rights (The Right to Remain Silent, The Right to an Attorney, etc.) are so well known to almost everyone in the United States that the purpose behind such protections has become increasingly irrelevant, if not unnecessary.

For a more complete DISCUSSION & EXPLANATION OF THE HISTORY OF MIRANDA RIGHTS 

 TRANSCRIPT FOR HEARING IMPAIRED

Are Miranda Rights Required? 

A Police Officer’s not reading your Miranda rights is not necessarily a basis for a dismissal of the charges.  Miranda and its progeny of cases over the years has become one of the most convoluted and complicated and often confused areas of law out there.

Miranda means that you have a right to remain silent, that any statement you make may be used against you if you speak. You also have the right to have an attorney present and to speak with friends and family members.  I would encourage people not to assume the case is going to disappear or be dismissed, quite the contrary in most instances if Miranda applies and if Miranda was violated, the only thing that is suppressed is your statement. 

That doesn’t mean that they cannot use other evidence and other factors to prosecute you.

Give us a ring, we offer a free confidential consultation. The telephone number at Powers Landreth is 704-342-HELP, we’re here to help. Look forward to hearing from you.

 Bill Powers, Managing Partner – Powers Landreth, pllc  bill@PowMac.com 

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Bill Powers
Founding Partner at Powers Landreth PLLC