Do police have to give miranda warnings?

  • Police are constitutionally required to give you a Miranda warning during an arrest
  • Many people mistakenly believe that your entire case will be dismissed if the Police fail to give you a Miranda warning; that is just not true.
  • If the police fail to give you a Miranda warning, and you give a statement after it should have been given, then yes, that statement can be suppressed, but not the entire case.
  • Do not believe that your case is going to be thrown out just because you were not properly Miranda-ized.
  • On the other hand, if you never make any statements that are either self-incriminating or support the state’s case, then lack of a Miranda warning will have no effect on your case.