QUESTION
Does the police have the right to tell a civilian the reason of my arrest while still in uniform?
Asked on Jul 18th, 2013 on DUI/DWI - Missouri
More details to this question:
I was arrested Saturday. I was sobriety tested, placed in cuffed, brought to the station, processed, sobriety tested again, picture taken and finger printed. At no time did he read me my rights. What does this mean and can he still use the evidence and questions in court?
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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He has to read you your rights if he wants to question you after your arrest. If he doesn't, the answers you give are inadmissible in court.
Answered on Jul 25th, 2013 at 12:58 AM
Miranda only has to be read 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. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jul 25th, 2013 at 12:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the questions, get an attorney. The tests and their results will be admissible under the implied consent law. If you are in Michigan call to engage us and provide the details.
Answered on Jul 25th, 2013 at 12:58 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Miranda rights only need to be given if you are questioned about the circumstances of the offense while in custody. Even then, only statements you make will be excluded at trial if you file a motion to exclude the statements. If the prosecution has sufficient evidence without the statements, they will still proceed with the case.
Answered on Jul 25th, 2013 at 12:58 AM
Dennis P. Mikko
Miranda does not require the police to read you your rights unless you are questioned while in custody. Preliminary questions can be asked without reading a person their rights. You should review the actions of the police with an attorney to determine if they acted improperly.
Answered on Jul 25th, 2013 at 12:58 AM