Legal Question in Criminal Law in New York

Re: Against the rules?

if you make no statements, nothing really

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Re: Against the rules?

Unfortunately, there is a common misperception about the consequences of not being "read your rights." If one follows the warnings carefully, it is apparent the "Miranda Warnings" advise you of your right to remain silent and your right to an attorney during any interrogation (as well as certain other times upon request by the individual).

The repurcussions for a failure of the police to read one's rights are a suppression of any statements made and potentially any evidence obtained as a result of that statement . . . NOT a dismissal of the case.

Re: Against the rules?

Your attorney can make a motion that the statement you made can not be used against you by the prosecutor in their direct case. Also, additional evidence the police obtain as a result of this statement may also be suppressed. Please feel free to contact my office if we can be of any assistance in this matter.