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.

This is a common question. Police do not have to advise you of your "Miranda" Rights (including your right to remain silent) during roadside interrogation (unless the interrogation takes longer than is necessary and turns into a “de facto” arrest). Being taken into custody is generally what triggers Miranda warnings to be given. If your rights were not read and they should have been, your case will not magically be dismissed on a so-called "technicality.

The Miranda decision requires officers to inform a person of their rights involving counsel and self-incrimination only in certain situations involving interrogation after arrest. Current case law (based on past court decisions) dictates specifically which situations require this advisement. Generally, only juvenile offenders are advised immediately when arrested.

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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.

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You probably were advised of your right to take or refuse a chemical test for alcohol and the penalties for failing or refusing the breath test. You are probably asking about a 5th Amendment "Miranda" warning about the right to remain silent and to have the assistance of a lawyer. Often, in drunk driving cases, they do not give that advice. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.

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.

Most likely, no. As discussed above, reading your rights is not necessary for a lawful arrest. However, if you were "interrogated" (legal term with a legal definition) after being placed in "custody" (another legal term with a legal definition), your statements may not be admissible at your trial, which can lead to a dismissal of your case.

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

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.

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.

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.

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.

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.

For an adult, there is no requirement to advise you of your Miranda rights unless you are in custody and we want to question you about the crime. However, if you are being arrested for a traffic warrant, you may never be advised of your rights. For the same reason, if you are questioned in your home and you are not in custody, advisement of rights is not an issue.

Perhaps. The police are only required to read you your "Miranda Rights" if you are actually “in custody” and are a suspect in the crime that they question you about. Failure to advise you of your rights does not automatically result in a dismissal of the charges or your statements being suppressed.

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.

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.

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.

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.

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

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