DoI have to have my Miranda rights read when placed under arrest?
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DoI have to have my Miranda rights read when placed under arrest?
I was arrested and when I was placed under arrest I was not read my Miranda rights.
Asked on November 28, 2010 under Criminal Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is a common misconception that a person can "beat the case" if they are not read their Miranda rights when they are arrested. This is a myth. The Miranda warning must only be given if a person is in custody and then questioned. However, once a person is in custody and then questioned without being Mirandized, then any statements then madecannot be used. The are 2 exceptions: the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning was incidental to the booking process (ie. just basic questions regarding name, address, etc).
Note: Also, any questioning before being taken into custody is legal.
At this point, you should consult with a DUI attorney. There are possible defenses that can be enlisted in your case which could result in a reduced charge or outright dismissal. Your best bet is to now consult with one in the area where all of this occurred. In addition to any legal arguments that can be made on your behalf, they will also have contacts within the local court system that they can utilize to your advantage. Since a DUI triggers both civil and criminal cases, you really should have legal representation.
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