The police have to read you your rights if they intend to question you after you are in custody. If they don't read you your rights after your arrest and before questioning you, the statements themselves might be excluded at trial. A skilled OUI/DWI/DUI defense attorney can determine whether a motion to exclude statements is warranted in your case.

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.

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.

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.

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.

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.

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.

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.

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.

State law requires that officers arrest a suspect who has committed domestic violence. This occurs even if the victim does not want the suspect arrested. Probably not. The Domestic Violence Unit aggressively prosecutes its cases and relies on evidence rules, other witnesses, photographs, medical records, paramedic's testimony, and suspect admissions to prove our cases. We desire full participation of the victim in prosecution but it is not absolutely necessary to obtain a conviction.

You are only entitled to request an administrative hearing to decide if the arrearage amount is correct and if you are the correct person who owes the money. If you disagree with the administrative hearing decision, you may file for a court hearing.

YES. You must, however, relate it to one or more works we've read in class and the focus of your paper must include references to the work(s) we've seen.

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.