We have all seen shows such as “Cops,” that feature lawbreakers and potential lawbreakers being read their rights before being arrested. While most of us believe that we understand our rights very well, very few people have stopped to think about what the Miranda rights really stand for, and how they apply to any arrest. If you are arrested for driving under the influence of drugs/alcohol, DUI, you will need to know how your arrest and trial may be impacted by proper vs. improper Mirandization.
First, it is important to understand that you have four basic rights according to Miranda law. These rights are as follows:
1. You have the right to remain silent. If you choose to speak, you have waived this right.
2. If you waive the first right, whatever you say will be used by the prosecution during the trial phase.
3. You have the right to an attorney. You cannot be denied an attorney based on sex, race, creed, religious belief, sexual orientation, handicap, or any other reason.
4. Money cannot be your reason for not having adequate legal counsel. If you cannot afford an attorney on your own, you may request that the judge assign an attorney for your representation.
Understanding these four basic rights is critical, because if you are not read your rights, then anything you say could be suppressed later. This is true for confessions, information about other cases, shows of remorse or regret, and much more. Evidence collected as a result of suppressed evidence will also be suppressed. It is vital that you tell your attorney right away if you were not read your rights at the time of your arrest.
Miranda rights are not considered Constitutional rights, and there is a vast difference between the rights you have according to the Constitution and those that are deemed as rights by the federal government due to legal precedent. The Miranda rights have been a part of the U.S. legal system since the 1960s, but these are just as precious as any Constitutional right due to their implications. If you feel that your rights have been violated, speak to your lawyer, court-appointed or retained, in order to find out what options you have according to state law.
Tags: DUI Arrest, legal precedant, Miranda rights
