QUESTION
Under what circumstances is an officer required to read Miranda rights upon an arrest?
Asked on Jun 11th, 2013 on Criminal Law - Colorado
More details to this question:
I was arrested for driving on a suspended license in November, my license was suspended because I refused a breath/specimen sample when I received my DWI in March last year. I don't remember my rights being read to me & when I tried to get a court appointed attorney I was told that I didn't qualify and I honestly can't afford one and my income and expenses showed that. I really don't know where to go from here. The D.A.'s two offers were to either pay a fine & court costs and have it go down as a conviction or to get it differed by taking probation. Either would/could affect my current probation unless this Class B misdemeanor is dismissed. I really do not want my current probation revoked and I want to avoid any jail time so I don't lose my job. I have good reason for driving that night & I was 100% sober. Also, the reason for pulling me over was pretty sketchy, since he did not see my license plate when he decided to turn around and follow me. His reason for stopping me was for my license plate light being out. I am current on my fines, probation, and have no other issues with my probation besides this & I'm supposed be off of probation on October 25th.
6 ANSWERS
Michael J. Breczinski
The police only have to read Miranda if AFTER arrest they want to interrogate you. If they just arrest you then Miranda is not needed.
Answered on Jun 13th, 2013 at 3:09 PM
Geoffrey MacLaren Yaryan
Police officers must advise a person of their Miranda rights before questioning them if the person is in actual or constructive custody. Normally, is after a person is arrested.
Answered on Jun 11th, 2013 at 8:13 PM
Miranda only has to be read after you are arrested (ie. cuffed), and only if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth prior to cuffing you, so Miranda rarely applies.
Answered on Jun 11th, 2013 at 8:12 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
A failure to read Miranda rights almost never results in a case being dismissed. First, the cops aren't always required to read them. Only if you are (1) in custody and (2) being asked questions that may lead to incriminating responses. If one or neither of those factors apply, the rights need not be read. Again, if there was a Miranda violation, that doesn't make the case go away. At best, it will get the statements you made suppressed. You really need to have a lawyer. You should consider asking the judge for another financial evaluation to try to get you qualified for the public defender. If that doesn't work, try shopping around in your area for an attorney that you can afford.
Answered on Jun 11th, 2013 at 8:12 PM
3 Awards
Miranda warnings are for people that are in custody and being asked questions in DUI cases, the explanation is tougher - it is hard to give an easy answer bc courts do not want to find custody or questioning you do not have a right to a lawyer prior to deciding which test to take (blood, breath or refuse) you are not in custody until you in hand cuffs, typically
Answered on Jun 11th, 2013 at 11:06 AM
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Your fact pattern raises a lot of issues, and makes it difficult to provide a clear and concise answer to your question. Many of us on LawQA provide a free consultation. You should contact an attorney to discuss your case. You could be in a lot of trouble.
Answered on Jun 11th, 2013 at 11:06 AM