The Miranda rights seem like they would be very easy to understand, even when you are facing a DUI (driving under the influence) charge in New Hampshire. They include four very simple rules, some of which cooperate with and reiterate rights already granted by the Constitution of the United States. As a matter of fact, most of us can quote all four of them nearly verbatim due to law enforcement shows on television and popular movies.
First, you have the right to remain silent. Put simply from a lawyer’s perspective, this means that you should not give the police any information until your attorney is present. Be respectful and courteous, but assert your wish to remain silent in order to avoid incriminating yourself. Second, anything you say is going to be used by the police and prosecutor against you later. Whether this means a confession or the information leads to evidence, your words can come back to haunt you if you are not careful with them. Third, you have the right to an attorney. This goes hand-in-hand with the 4th Amendment right to adequate legal counsel. You are not expected to understand the complexities of the law. Lastly, the state must appoint someone to handle your case if you cannot afford an attorney. These court-appointed attorneys are required to put forth just as much effort for your case as they would any case that they receive a retainer for.
Keep in mind that, in order for these rules to be used against you, you have to be read your rights when you are arrested. Even if you confess to a crime, if you were not properly mirandized, then the police cannot use the information against you in court. That does not necessarily mean that the DUI charges will be dropped, or that you will be acquitted of the DUI charge, but that other evidentiary forms will need to be used to satisfy the prosecution’s burden of proof.
If you were not read your rights, contact a skilled and professional DUI attorney in New Hampshire as soon as possible. He/she will want to begin building an effective defense for your individual case, and this information is critical. Do not wait until you are about to be sentenced to request an attorney to fight for your rights, retain a competent DUI attorney or request a court-appointed DUI attorney as soon as you are arrested.
Tags: DWI arrest, DWI lawyer, Miranda rights, New Hampshire
