Articles Posted in 5th amendment

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law. Miranda rights are an important constitutional…

Modified Transcript of “Are Miranda Rights Required?” for the Hearing Impaired: The single most common statement we hear from clients after the fact, after they’ve been arrested, is, “I wasn’t given my Miranda Rights, and as such, aren’t the charges or the case supposed to be dismissed?” Upon making an…