Legal Question in Constitutional Law in Ohio

Many laypeople believe the police always have to Mirandize anyone they arrest and that charges against the arrestee have to be dismissed if they don't. This is not how it works. A Miranda violation is not a "get out of jail free" card.

The validity of an arrest has nothing to do with Miranda warnings. Miranda only becomes a factor in court -- and even then, only if the prosecutor tries to use as evidence answers the defendant gave to police questioning while he was in custody.

Note that "in custody" does not only mean when he was behind bars; people can be in custody while the police question them at the scene and even before the police tell them they are under arrest.

If the prosecutor ever tries to use against you any evidence obtained in violation of Miranda, you should be able to have that evidence excluded. If the tainted evidence is critical to the prosecution's case, you may get the case dismissed or win an acquittal on that basis.

But if the prosecution *doesn't* try to use such evidence -- or if there is none (because the police didn't question you improperly) -- then Miranda is a non-issue in your case.

Even if you do get some evidence excluded under Miranda, the prosecution may have plenty of other evidence it can use. That evidence may be enough to persuade a jury of your guilt beyond a reasonable doubt.