i was arrested and during my pre-trial motion hearing the arresting officer admitted to the fact that i was never Mirandized how is it possible that the case was not dismissed.
3 Answers from Attorneys
If you weren't Mirandized then the statements you made will be suppressed. That means the state cannot use that as evidence against you . There may be more evidence against you that can still permit them to go forward with their case. Winning that motion still may give your lawyer enough leverage to settle the case with something short of a complete dismissal. It's a good development nonetheless.
In Ohio, the failure of the police to read you your Miranda rights is not a get out of jail free card. it only means that anything you say after being arrested in response to police questioning will not be admissible in court. The reason that this results in charges being dropped is because often the admission of the Defendant after such improper questioning is the only evidence that the police have. But if the police have other evidence and don't need the evidence that resulted from the improper questioning, then they don't have to drop the case and they may still be able to convict you.
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