When Does the Arresting Officer Have to Read You Your Rights
January 7, 2013
Many people believe that when they are arrested they must be read their Miranda rights. The Miranda rights are constitutional rights that every person has in this land, which requires the police to advise you lot of you lot right to have an attorney nowadays prior to being questioned about the crime for which you were arrested. Withal, in a very high percent of cases the constabulary do not read a person their Miranda rights after they are arrested. Does the constabulary have to read you your Miranda rights after arrest?
Unfortunately, the constabulary merely have to read you the Miranda rights if you are in legal custody, AND they intend to question yous AFTER you lot take been placed in legal custody. This ways that constabulary officers are not required to read you the Miranda rights after yous accept been arrested if they practise non intend to question you. Therefore, if y'all are arrested for a DUI, put in a police vehicle, and taken to the police force station to have your blood drawn, the police have no legal obligation to read you your Miranda rights if they do non brainstorm to question you after you are in legal custody.
However, if you are arrested and placed in a police vehicle, and the police force wish to question you nigh your involvement in a crime, they must read you lot your Miranda rights. If yous tell the police yous do not wish to speak to them without an attorney present, they must stop asking you questions. Yet, what happens if the police question yous even when you tell them you do not want to speak to them without your lawyer present? What can your lawyer exercise when your case gets to court when this violation of your rights has occurred?
Your lawyer can make a motion to "suppress whatsoever statements" that you lot made to the constabulary in violation of your Miranda rights. What this means is the estimate volition decide if your Miranda rights "were violated." If the judge finds that your Miranda rights were violated, the judge will likely prohibit the prosecutor from introducing into evidence in the prosecution'due south case against you whatsoever statements y'all may have made to the law.
Many people ask if the criminal charges can be dismissed if the police failed to properly read you your Miranda rights. Unfortunately, the answer to that question is NO. The approximate does not have the power to dismiss the example against you lot if your Miranda rights are not read to y'all in violation of police force. The court but has the power not to allow the jury to hear any statements that you may have made to the police force if the police questioned yous without reading yous the required Miranda rights.
As yous tin can meet this is a highly complex legal issue. When you are accused of a criminal offense the first thing yous should do is retain an experienced criminal defence police house to begin to protect your legal rights.
If yous or a loved one is accused of a crime contact the California criminal defense attorneys at Wallin and Klarich. Wallin and Klarich has many years of experience successfully defending clients for over 40 years. Nosotros volition work to aggressively help you and to ensure that your rights are protected. The attorneys at Wallin & Klarich can exist reached past telephone at 888-749-0034. Nosotros have offices in Los Angeles, Riverside, San Bernardino, San Diego, Ventura and Orange County. We will be there when yous call.
Source: https://www.wklaw.com/is-a-police-officer-legally-required-to-read-me-my-miranda-rights
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