No. This is a common misconception. Miranda warnings refer to a person’s 5th Amendment right to remain silent and not incriminate themselves. When you are under arrest, a police officer must Mirandize you, meaning warn you that you have the right to remain silent, before interrogating or asking you questions that might get you to say incriminating information.
If you were never interrogated while under arrest, then Miranda would not apply to you case. If your 5th Amendment rights were violated to could led to the exclusion of the statements you made. This might be enough to have a case dismissed but more likely, it would simply remove some of the evidence against you. Not being read Miranda is not a magic bullet for most criminal charges.
Naum Estevez attorney’s will happily discuss your circumstances in greater detail so you can be sure that you are informed of all you legal defenses and understand the law behind them.
