FREE CONSULTATIONS

Email or Call (215) 564-0644

    No Miranda Warnings – Can an Attempted Murder Case Be Dismissed? By a Philadelphia Criminal Defense Lawyer

    Question:  My daughter was arrested at her boyfriend’s house in Philadelphia. Her boyfriend was charged with attempted murder.  The police think that she helped him.  My daughter did not help her boyfriend and did not have any knowledge of this.  Another friend who was at the house when they were arrested tells me that the police did not read her the Miranda rights.  Aren’t the police required to read them to her? Don’t they say she can’t be questioned without an attorney? If the police didn’t read her the rights, doesn’t the case get dismissed?

    Answer:  Unfortunately that is not the case.  When arrested individuals are not read their Miranda rights, it can be a reason that a case is dismissed, but it is not a guarantee that a criminal case will be dismissed.

    The Miranda warnings protect individuals from self-incrimination.  The 5th Amendment provides individuals protection from being compelled to testify against themselves.  In general, when individuals are arrested, the Philadelphia police officer reads the following to them:

    You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

    If the individuals speaks to the police after they are read the warnings, their statements may be used later at trial.  However, if the individuals do not wish to speak to the police and ask for a criminal defense lawyer, then the police cannot question the individuals anymore until their attorneys are present.

    In your daughter’s case, just because she wasn’t read the Miranda warnings does not necessarily mean that the case will be dismissed.  The police can read her the Miranda warnings at the station prior to asking her questions.  In that case, the statements she provided can be used in a subsequent trial.

    On the other hand, if the police do not read her the rights at the station and begin questioning her, the statements cannot be used in a subsequent trial.  However, just because her statements cannot be used in court does not mean the case gets dismissed.  The prosecutor can still file charges against her if there is other evidence against her for the attempted murder.  In such a case, the criminal case will not be dismissed.

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"
    (2015-2022)

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...

    Att. MURDER CHARGES – NOT GUILTY JURY VERDICT (April 2022, PHILA)

    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...

    MURDER, Robbery CHARGES – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...

    MURDER CHARGE – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Possession Case – Motion to Suppress Granted

    Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.

    Sentencing for 1st Degree Murder in PA

    In this article below we discuss sentencing for 1st degree murder cases in Pennsylvania. In later articles, we will discuss sentencing for 2nd and 3rd degree murder cases. If you or a loved one is facing murder charges in Philadelphia or the surrounding counties,...

    Philadelphia Criminal Trials – Evidence Pointing to Another Perpetrator in Drug Possession or Drug Manufacture Cases

    In criminal trials in Philadelphia, one pretty common defense tactic is pointing the finger at another person at trial. This can raise enough doubt to result in a not guilty verdict by the judge or jury that the defendant was not the perpetrator of the crime. Here’s...

    Philadelphia Murder & Gun Possession Cases Increasing in 2021 – A Look at Common Charges & Defenses

    A look at PA criminal law for Murder (1st, 2nd, 3rd Degree), Aggravated Assault, Robbery, Possession of a Firearm, Carrying a Firearm Without a License, Carrying a Firearm in Philadelphia (misdemeanor).

    Pennsylvania Murder Charges, Deceased Person’s Statements Used to Prove Guilt

    Defense Trial Strategies – Excluding Statements That Accuse the Defendant Prosecutors often look to a deceased individual’s statements made prior to a murder to show that the defendant is guilty. These statements may point to a history of violence between the deceased...

    Pennsylvania (State) Drug Charges, Dog Sniffs & Constitutional Law

    Federal and Pennsylvania state courts treat narcotics dog searches differently. So different that the same scenario could result in different outcomes in federal versus state court. For example, a Philadelphia resident is pulled over for speeding. During the traffic...