Failure to advise you of your Miranda rights does not automatically result in dismissal of the case against you. It is possible to get your statements thrown out in certain circumstances, but you should discuss the facts of your case fully with a knowledgeable and experienced criminal law attorney at Paul J. Tafelski, P.C. Contact us today.

In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test rights. The Miranda rights are the rights that most of us are familiar with, and address your right to speak with an attorney before questioning. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court.

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.

Most likely, no. These "rights" are referred to as Miranda rights, coming from a Supreme Court case Miranda v. Arizona.

Miranda v. Arizona is a famous case in which the United States Supreme Court held that before a confession is admissible in court against a suspect, (1) the police must have informed the suspect that he has a right to counsel and to remain silent, and (2) that the suspect must have intelligently, knowingly and voluntarily waived those rights. However, this only applies to custodial interrogation.

In a typical DUI stop most police officers are trained that they do not have to read these particular rights before they begin to question you regarding the events that lead up to the traffic stop. They are also trained to ask certain questions to elicit voluntary admissions of drinking or using recreational drugs.

Probably not. Not being properly advised of your Constitutional rights may have consequences that will impact the ultimate outcome of your case, but the mere fact that you were not properly advised does not mean your case is automatically dismissed. It is an issue that should be brought to the attention of your attorney so that appropriate legal remedies can be sought.

The police are not required to read you your rights unless they want to talk to you once you are in custody. Everyone has heard of the "Miranda Rights." This phrase comes from the case of Miranda v. Arizona, where the United States Supreme Court stated that before a law enforcement officer can question a person who is in custody, they must tell them their rights.

No. However, the state might be prevented from using any evidence collected after the failure to read you your "Miranda Warnings". It is important that you hire a good attorney that is knowledgeable about this area of the law.

No. Most people are familiar with the so-called Miranda Rights, which include the right to remain silent. However, the police are not required to give Miranda warnings to every individual they arrest. Rather, the requirement to give the Miranda warnings applies when the police wish to ask a person questions or interrogate them after they have been placed under arrest or are in custody.

Probably not. But if you were interrogated after being placed in custody, your statements may not be used against you.

Probably not. But if you were interrogated after being placed in custody, those statements cannot be used against you.

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.

No. Law enforcement officers do not have to advise you of your rights unless there is an incustodial interrogation taking place.

Answer: Many people are under the mistaken belief, a mistaken belief, that the police must always read people their Miranda rights any time they make a DUI arrest. Unfortunately, however, there is no automatic requirement that the DUI officer read you your rights as part of every Orange County DUI arrest. The Miranda rights are only required when both (1) you've been placed under arrest for an Orange County DUI and (2) the DUI officer continues to interrogate you.

No. Your Miranda rights warn you about your right to remain silent, and your right to have appointed counsel present before you decide whether to answer any questions, once you are in police custody. Officers are not required to give you your rights unless they intend to question you once you are in custody. If they fail to give you your rights, after you are in custody, then any answers you give to questions can not be used against you in court. But that doesn't make the arrest illegal.

Probably not. In cases where you were questioned before being taken into custody, your comments may not be used against you.

The police have to read you your Miranda rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. Although most DUI cases are based upon scientific evidence, such as a breath or blood test, a skilled DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case.

Refuse any additional search beyond a "pat down". The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon. Remain silent. Do not volunteer any incriminating information. Do not say "I had two beers." You have the right to refuse to take any field sobriety tests. You have the right to refuse the preliminary breath test on the side of the road but it will result in a ticket with a fine that is currently $125.

WCCA is a mirror of the historical record in the Clerk of Court's office. As a historical record, it shows what has happened in every case filed. If a case is dismissed, or a person is found "not guilty" in a criminal case, that is part of the historical record and is disclosed in the records. See Question #1 for case retention information.

Whether you are under 18 or an adult, you NEVER have to answer any questions that the police ask of you. Generally, you do have to provide your name. Giving the police a false name is a crime. But you don't have to give any other information at all. Just say, "My name is ______ and I want to speak to an attorney." Then, don't allow a police officer to trick you into saying more.

The officer is supposed to give a Fifth Amendment Miranda Warning after he arrests you. Sometimes, however, they do not. If they fail to give you a Miranda Warning, the consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Agreed, it is completely unfair. But the law in Arizona, the "per se" statute provides for immediate confiscation of the license if the breath test result is above the legal limit or if you refuse to blow.

Outside of TV land, the police do not have to read you your rights. However, if they do not read you your rights after the arrest and before interrogation, then the statements you are said to have made could be precluded from being used against you at trial. But, if you testify and say something different than what you allegedly said in your prior statement, they can use the statement anyway. Many people do not realize that Mr. Miranda himself, was retried, convicted of murder, and sent to jail.

You have to be read your rights only if the police plan on questioning you. They do not have to read the rights on all arrests. Moreover, if you are questioned without your rights being read, generally, that just means that the police cannot use the statement against you; it does not mean that the case gets dismissed. We will make sure that you get the proper relief if any of your rights were violated by the police. Generally, you should not talk to them without having an attorney present.

It depends. Generally, the government may not use any statements you made against you if you made those statements while in custody and in response to police questioning unless they first informed you of your rights. This issue must, however, be decided by a judge after evaluating the specific facts in your case. Additionally, the fact that you were not read your rights does not mean that the charges against you must be dismissed.

There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to an attorney. . .") the case will be dismissed. The Miranda warning only affect the admissibility of statements made by an accused after the person is arrested.