Board-Certified Criminal Defense Representation In Central Florida

Miranda warnings apply to all detained interrogation situations

by | Apr 5, 2019 | Drunk Driving Charges |

Some of the most important rights that some criminal suspects should remember are their Miranda rights. These also apply to people who are facing drunk driving accusations by the police. They are set forth by the U. S. Supreme Court, but they only apply in very specific cases. Having a good understanding of these rights might help susects defend their rights.

The Miranda warning only has to be provided to individuals who are being detained by police officers and who are being interrogated. You don’t have to be read this warning if the police stop you on the sidewalk and are asking you random questions. If they infringe on your right to walk away freely or place you under arrest, they should read you your rights.

When they read your Miranda rights, there are four things that you must be told — you have the right to remain to remain silent, your statements can be used against you in court, you have the right to have an attorney and can have a court-appointed lawyer if you can’t afford to pay one.

The police officer will ask if you understand these rights after they are read. They can accept verbal or written acknowledgement of these rights. It is usually best to invoke these rights immediately when you are given them.

If you choose to invoke your Miranda rights, the interrogation has to stop immediately. If the right you invoked was to have your attorney present, the interrogation can resume once that requirement is met.

A violation of your rights could conceivably be an important component of your defense. Be sure that you let your attorney know if you think your rights have been violated.