Orange County Drunk Driving Lawyer - Miranda Warning
An area of confusion for many of our California clients who have been arrested and charged with DUI has to do with "Miranda" warnings. Therefore, as a service to our California and surrounding area DUI clients and prospective clients, we offer answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officer's questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:
Officer Doright: Hey, excuse me; I would like to ask you a few questions.
Tommy: Umm, ok, what is this about?
Officer Doright: I'm investigating a robbery that happened a few days ago, I thought that you might be able to give me some information.
Tommy: I just got back in town today from Europe; I really don't think that I can help.
Officer Doright: You just got back, that's interesting, you fit the description of the robber that the bank teller provided.
Tommy: Excuse me Officer, am I under arrest?
Officer Doright: Umm, well no, but if you have something that you would like to say about the robbery, I promise to help you out.
Tommy: No thanks Officer. Tommy then continues with his walk home from the airport.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary's statements be used against her later, even though she was not read her Miranda Warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say "I want to speak with a lawyer" or "I have nothing to say now." If the police continue to question the suspect, the police have likely violated the suspect's 5th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested in California, and you have been given your Miranda warning, then anything that you say after the warning can and most likely will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the California or federal prosecutor, possibly a jury and the presiding judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend. It is almost always easier for a criminal defense lawyer to defend a case when the person charged with a crime has not given a statement to the police.
If you or someone you know in southern California or anywhere within the surrounding counties of Orange, San Diego or Los Angeles has been arrested or charged with a DUI or other drunk driving offense, then contact the Law Offices of Scott R. Cadzow to speak to an experienced criminal defense lawyer at 949.361.9413 or via our convenient contact form at the top right of this page.
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