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.

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.

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.

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.

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.

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

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.

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.

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

I received today a notice of entry of order re: discharge of my bankruptcy (Ch13) for failure to make timely payments. I have missed two payments and I'm in my fourth year of paying. All payments to the secured creditor and IRS have been made but payments were still being paid to unsecured creditors.

A dismissal order ends the case. The dismissal order removes the automatic stay that may have been in effect, which prevented a creditor from collecting on a debt or taking other actions against the debtor and the debtor's property. Debts that are discharged prior to dismissal are not affected by the dismissal order, unless the discharge order was revoked.

A dismissal order ends the case. Upon dismissal the "automatic stay" ends and creditors may start to collect debts, unless a discharge is entered before the dismissal and is not revoked. An order of dismissal itself will not free the debtor from any debt.

No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can effect the suspension of your license.

If your case is not dismissed, you may be assessed court costs and/or a fine, payable to the clerk of the court in which you received your ticket. Our firm attempts to have every case dismissed, however, this is not always possible.

A dismissal order ends the case and removes it from bankruptcy jurisdiction. When the court dismisses a case, the ‘automatic stay’ is no longer in effect and creditors may start to collect on their debts again. Some types of dismissals – such as one for cause (failing to file required schedules and statements) may contain a 180-day bar to refiling.

No, the fees will not be refunded if the case is dismissed, nor will fees be refunded if you withdraw your application or do not meet all requirements for admission.

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.

If the judge decides that probable cause has not been proven, the court will dismiss the case. This means that all legal action has come to an end, and the defendant is released.