Legal Question in Criminal Law in Arizona

I would need more information to fully answer your question. There are very specific requirements for when Miranda Rights are triggered. Was your husband in custody and interrogated? Each situation has very specific requirements to determine whether or not an individual was actually in "custody." That is only part of the requirement. There must have also been a "custodial interrogation" where your husband made incriminating statements or evidence was obtained in violation of his Miranda Rights. Even if your husband was not read his Miranda Rights and officers were required to do so, your husband can still be charged with the crime. The remedy for a violation of Miranda is not dismissal of the charge. Rather, the remedy is suppression of incriminating statements. You should contact an attorney regarding this matter as Miranda Rights violations are very complex and will require an individual to file the proper motion to exclude evidence if the circumstances warrant such action.