What if a police officer doesn’t read you your Miranda Rights in Oregon? - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

What if a police officer doesn’t read you your Miranda Rights in Oregon?

Miranda Law Answer: It depends. If a Eugene or Portland cop was required by law to read you your Miranda rights due to a custodial interrogation (and didn’t read them to you) and interrogated you anyway, then the statements are suppressed. However, if there is other compelling evidence against you, the case will probably not be dismissed.

Failing to read you your Miranda rights is not a free ticket or a get-out-of-jail-free card. It is not a magic bullet. It’s just one way to suppress your statements, along with involuntariness.

A voluntary encounter with the police where your liberty is not restrained does not require Miranda warnings. That’s called a conversation. You can just walk away. You only get advised of your Miranda rights if you are being interrogated while in an arrest-like setting.

If you invoke your right to remain silent or ask for an attorney, the police are required to stop asking questions. If they do, the answers are suppressed. This does not mean your case is dismissed.

Miranda Warnings in Oregon DUII Cases

In a DUII (driving under the influence) case, if you are ordered to step out of a car in Oregon for field sobriety tests, then police officers should read you your Miranda warnings. If they do not, your attorney should file a motion to suppress and file it in the Eugene Municipal Court or the Lane County Circuit Court, if your case is there. This Miranda law motion could get your admissions about drinking and impairment suppressed. If the police officer relied on your illegally gained statement, then, under the fruit of the poisonous tree doctrine, the breath test or the breath test refusal might be suppressed.

What are the Miranda rights?

You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney. If cannot afford one, one will be appointed to you. The State of Oregon has the burden of proving that you were read and understood those Miranda rights. Typically, the officer reads the rights from a Miranda card.

These rights come from the Sixth Amendment Right to Counsel and the Fifth Amendment Right to Remain Silent (“pleading the Fifth”). The case that imposed these rights to be read was Miranda v. Arizona.

Attorneys in Criminal Defense and Oregon Miranda Law

For more information from an Oregon criminal defense attorney that has experience litigating Miranda motions in court, call Portland and Eugene-based Arnold Law at 541-338-9111 or 503-477-7535 or live chat (or fill out the form to the left).

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  • Representative Cases

    Sodomy I (Jessica’s Law) – 3 Measure 11 counts dismissed after innocence proved

    This was a Jessica’s Law case where, if convicted, Client was facing a mandatory minimum prison sentence of 25 to 75 years in prison. Client passed a polygraph in the case and his attorneys Mike Arnold and Lissa Casey conducted an investigation illustrating his actual innocence.

    Michael Arnold, stated, “Our client is thankful for his release and dismissal of these terrible false accusations against him. He was a wrongfully accused innocent man who had three months of his life stolen from him due to lies and an incomplete investigation. Arnold Law’s investigation showed a lack of motive and lack of opportunity to commit the acts alleged against him.The Government’s incomplete investigation turned what should have been an uncomfortable family matter involving a very troubled child into an unjustly incarcerated man and placed unthinkable stress on his family...”

    Sex Abuse Case dismissed

    Client charged with sexually abusing his employee. After an investigation showed that some of the complaining witnesses recanted their statements and motives for false accusations discovered, case dismissed before trial.

    Custody case motivates false Measure 11 accusations against father

    Client jailed with $1.68 million bail setting after being falsely accused of smothering his wife with a pillow and sexually assaulting two adoptive daughters, among other claims. The case eventually resolved with an Alford Plea to one count of coercion for allegedly forcing a remote control out of wife’s hands, which is expungeable at the end of probation, no additional jail time, and a dismissal of all remaining charges. After the dismissal, client was able to resume parenting time with his biological daughter and continue to be an active father.

    Attempted Sex Abuse I – Dismissed

    Client accused of having unwanted sexual contact with a woman while she slept in a hotel room. After thorough defense investigation of witnesses to incident were presented to the DA, all charges were dismissed before trial.

    CIVIL LITIGATION

    Sexual Harassment Defense – Hospital Administrator Stalking

    Mike Arnold defended the administrator of a hospital who pursued a relationship with a young woman who was apparently giving him mixed signals. Before contacting our firm he was convicted of a criminal stalking charge and lost a stalking order trial. She then sued him for $500,000 claiming sexual harassment, assault, and intentional infliction of emotional distress. In a Marion County jury trial after a brutal cross-examination of the plaintiff and picking apart their psychologist expert, we won a defense verdict.

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    Wrongful Use of Civil Proceedings – False Stalking Order to Gain Custody

    Received a $50,000 judgment through bankruptcy adversarial proceeding due to mother lying to get a stalking order.

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    Testimonials

    Measure 11 Dismissal

    “I am not a resident of Oregon and was put in the awkward position of finding a competent attorney for my son who had just been charged with a very serious felony while attending a university here. My wife and I interviewed a number of the top attorneys throughout the state and also asked for advice from several attorney friends and a judge from our home state. None of the numerous attorneys we interviewed came close to the quality, knowledge and compassion of the Arnold Law Firm. They took care of my son and advised him in jail even before we had agreed to hire them. That really showed me the quality of this firm. I can not say enough good things about their firm. Everyone in the office is professional and personable.

    “My son was represented by Mike Arnold and Emilia Gardner. They are nothing short of incredible and almost like family. They left no stone unturned and worked relentlessly on his case. My son is now a free man and able to move forward with his life. Thank you all for everything you have done. You are the best!”