Does a Cop Have to Read You Your Miranda Rights When Arrested
Jan vii, 2013
Many people believe that when they are arrested they must be read their Miranda rights. The Miranda rights are constitutional rights that every person has in this land, which requires the constabulary to advise you lot of you correct to have an attorney present prior to being questioned about the criminal offense for which you lot were arrested. All the same, in a very high percentage of cases the police exercise not read a person their Miranda rights later on they are arrested. Does the police have to read you your Miranda rights after abort?
Unfortunately, the police only accept to read you the Miranda rights if y'all are in legal custody, AND they intend to question you Afterward you take been placed in legal custody. This means that police officers are not required to read you the Miranda rights after you have been arrested if they do non intend to question you. Therefore, if you lot are arrested for a DUI, put in a law vehicle, and taken to the police station to have your blood drawn, the police accept no legal obligation to read you lot your Miranda rights if they exercise not begin to question you after you are in legal custody.
Nonetheless, if you are arrested and placed in a constabulary vehicle, and the police wish to question you about your involvement in a crime, they must read y'all your Miranda rights. If yous tell the police force yous do not wish to speak to them without an attorney present, they must terminate asking you lot questions. However, what happens if the constabulary question you even when you tell them you do not want to speak to them without your lawyer present? What can your lawyer do when your case gets to court when this violation of your rights has occurred?
Your lawyer can make a motion to "suppress any statements" that you lot fabricated to the police in violation of your Miranda rights. What this means is the judge will decide if your Miranda rights "were violated." If the judge finds that your Miranda rights were violated, the judge volition likely prohibit the prosecutor from introducing into evidence in the prosecution's case against you any statements you may have made to the law.
Many people inquire if the criminal charges tin can exist dismissed if the police force failed to properly read you your Miranda rights. Unfortunately, the answer to that question is NO. The judge does non have the ability to dismiss the instance against you if your Miranda rights are non read to yous in violation of law. The court only has the power non to allow the jury to hear any statements that you may take made to the police if the police questioned y'all without reading you the required Miranda rights.
Every bit you lot can see this is a highly complex legal event. When you are accused of a criminal offence the first thing you lot should practice is retain an experienced criminal defence force law firm to brainstorm to protect your legal rights.
If yous or a loved one is accused of a law-breaking contact the California criminal defense attorneys at Wallin and Klarich. Wallin and Klarich has many years of experience successfully defending clients for over 40 years. We will work to aggressively help you and to ensure that your rights are protected. The attorneys at Wallin & Klarich can be reached by phone at 888-749-0034. We accept offices in Los Angeles, Riverside, San Bernardino, San Diego, Ventura and Orange County. We volition be in that location when you call.
Source: https://www.wklaw.com/is-a-police-officer-legally-required-to-read-me-my-miranda-rights
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