Importance of Miranda Rights
If you have been arrested for driving under the influence of alcohol or drugs, you may need an experienced New Jersey criminal defense attorney. DUI lawyer Carl Spector will provide dedicated legal representation. To ensure a solid defense, you will need to know the importance of Miranda rights and how they will impact your particular case.
Importance of Miranda Rights | When are Miranda Rights Supposed to be Read?
As an experienced New Jersey DUI lawyer I advise clients that after they have been arrested, the police are supposed to read them their Miranda rights. The police are supposed to read the defendant their miranda rights before the interrogation can begin. Some interrogation questions might include: where you were, how much did you drink, what did you drink, how many drinks over the last few hours, and if you are taking any medication.
Questions like these after your arrest become subject to the Miranda rules, not the questions that they would ask you when they first pull you over. If the police officer doesn’t ask you those questions, then the fact that they didn’t read you the Miranda rights is not relevant, and your case won’t be dismissed because they didn’t read it to you.
Importance of Miranda Rights | What are Miranda Rights in New Jersey?
Here are your Miranda Rights that should be read to you after you’ve been arrested:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have a right to an attorney
- If you cannot afford an attorney one will be appointed for you
Importance of Miranda Rights | What if the Police Don’t Read Me My Miranda Rights?
If the police do arrest you and start to interrogate you without having your Miranda rights explained, there could be an issue that could help your case. If you’ve been under arrest, the answers to those questions are subject to a hearing. At a hearing it will be determined if those statements can be suppressed and not be able to be used against you at a trial and where a judge would decide that your rights were violated or not.
New Jersey DUI Lawyer Carl Spector advises people that they can fight their case, even if they actually have been drinking and driving. Not every case is perfect for the police and the prosecutor. There are constitutional rules in place that protect all of us. Contact me today for a free consultation. Let me be your advocate and protect your rights.