![]() ![]() Those are questions that can indeed incriminate you. “Where are you coming from sir?” “How much have you had to drink tonight ma’am?” Let’s be clear. Those are regarded as “investigation” questions, not “interrogation” questions. While it might not seem fair, all the questions they ask you before you’re arrested is fair game and admissible in court. If you accuse them of not giving you your Miranda rights straight out of the gate, you’ll look like an idiot. They don’t have to do it until after you’ve been arrested, told why you’re being arrested, and interrogation about the crime is about to begin. The first thing to know is when the officer must read or recite those rights to you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” If you cannot afford an attorney, one will be provided for you. Anything you say can and will be used against you in a court of law. ![]() You might have even memorized these rights playing Law & Order with your friends. The idea is to protect you from incriminating yourself. Arizona, 1966) gave you those rights and made it so law enforcement is obligated to make sure you understand them. Those revolutionary fellas who wrote the Constitution and the Supreme Court (Miranda v. While it may not feel like it, when you get pulled over for a suspected DUI, you have rights. Time to come back down to earth and know the ins and outs of Miranda rights before you even get into that situation. Augustine DUI attorney can get you out of this for sure! You were guilty as you could be, but what a stroke of luck, the officer forgot to read you your Miranda rights so there’s no way they can convict you of DUI! Your St. Thus, the best advice…no good comes from talking to the police and the best response is, “I want to speak with my lawyer.Yeah, you see them read on TV all the time, but there are many subtleties to those Miranda rights. It is best to remember, you have a right not to talk to the police and not to implicate yourself in a crime and avoiding either one should be avoided. The important thing to remember here is, whether an officer reads you your Miranda rights, or whether you’re even under arrest at all, very little good usually comes from talking to the police. Your statements might be excluded, or suppressed, but that doesn’t automatically end the case. Thus, a violation of your Miranda rights, or right to remain silent, does not necessarily mean the case will be dismissed. In some cases, even without statements, the prosecutor may decide to proceed with the case. Notice that this is not the same thing as a case being dismissed. If a judge determines your right to remain silent was violated, the judge will suppress (or exclude and thus not allow the jury to hear) your statements after the violation (and in some instances possibly more statements). However, the officer’s violation of your Miranda rights does not mean your case, necessarily, will be dismissed. The failure of an officer to read you your Miranda rights might be a violation of the Constitution. At the point you are under arrest, the officer must read you your Miranda rights, or right to remain silent, before questioning you. You are under arrest at the time you are in custody and a reasonable person would not feel free to leave. Being read your Miranda rights, or right to remain silent, is implicated at the time you are “under arrest.” There often is much confusion as to what “under arrest” means. ![]()
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